A/57/173 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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