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behaviour may be scrutinized at any point by internal
and external monitoring bodies are certainly much
more inclined to follow existing rules and procedures
pertaining to arrest and detention. Most legal systems
have established procedures which, if properly applied,
would drastically diminish the opportunities to commit
torture and other forms of ill-treatment. Indeed, such
safeguards as prompt access to lawyers, the family
and/or a medical doctor, as well as the right to habeas
corpus, remove a person from the potential
arbitrariness of the detaining powers. The preventive
effect of the existence of such monitoring mechanisms,
especially when the concerned parties conduct ad hoc
unannounced visits, should not be ignored.
39. The Special Rapporteur
would
strongly
encourage senior law enforcement officials to carry out
such visits with a view to obtaining a direct knowledge
of how legal safeguards guaranteed under the law are
respected in practice and what detention conditions
prevail for those under their jurisdiction. Similarly,
visits by independent police and prison ombudspersons
have proved to be valuable preventive mechanisms,
especially when the latter can make their
recommendations public. Making law enforcement and
other detention officials accountable, administratively,
and if necessary criminally, for unlawful and
unacceptable behaviour — an end to impunity — is
certainly an effective means to achieve the prevention
of torture and other forms of ill-treatment. The Special
Rapporteur, however, notes that for the time being, too
few systems have established such independent
supervisory bodies within their law enforcement
agencies.
40. The Special Rapporteur is convinced of the added
value offered by independent external visiting
mechanisms. He believes that such bodies would
make false accusations of abuse falling within his
mandate — always difficult for law enforcement
officials to refute — much harder to sustain. External
bodies may thus become relevant resources in
clarifying circumstances surrounding allegations of
torture and ill-treatment.
41. Furthermore, external mechanisms should be in a
position to suggest to the relevant authorities legal and
practical improvements by referring to best practices
encountered in other similar situations. The European
Committee for the Prevention of Torture and Inhuman
or Degrading Treatment, a body that has visited places
of detention in more than 40 States members of the
12
Council of Europe, has demonstrated the preventive
value of its visits and recommendations. As pointed out
by the wide coalition of international nongovernmental organizations,32 supporting the draft
optional protocol referred to in paragraph 37 above, the
effectiveness of the optional protocol as a preventive
instrument lies in the principle of cooperation and
dialogue, which underscores the provisions of the
instrument.
42. As indicated by the previous Special Rapporteur,
the approaches advocated here would help some
authorities develop a constituency to support the
granting of needed budgetary resources, frequently
wholly inadequate because of the low political priority
for the area. It could draw attention to the often parlous
conditions of work, residence and sustenance of police
and prison personnel, which in turn could contribute to
their being trained, paid and valued to act as
professionals.33 In that respect, it should be noted that
the optional protocol establishes a special fund to help
finance the implementation of the recommendations
made by the international mechanism for visits, as well
as to contribute to educational and technical assistance
programmes at the national level.
43. When authorized to carry out visits to places of
detention, the competent and committed organs of civil
society play a crucial role. Through their daily contacts
with local authorities and their regular visits of places
of detention, as well as their willingness to alert
relevant national and international mechanisms, they
see to it that the necessary measures are taken in a
timely manner with a view to respecting the
fundamental principle that all persons deprived of their
liberty shall be treated with humanity and with respect
for the inherent dignity of the human person. By often
providing detainees with means of subsistence and
moral support, these organs of civil society also serve
as intermediaries between police and prison personnel
and persons under arrest or detention and may thus
release tensions, and accordingly improve the quality
of life for all concerned. Their supportive role will be
reinforced by the establishment, through the optional
protocol, of bodies specifically designed at the
domestic and international levels to assist Governments
in preventing torture. They should also be instrumental
in helping ensure some kind of follow-up to national
and international mechanisms’ recommendations and
see to it that the progress made will be lasting in
nature.
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