8
c.
CPT: 18TH GENERAL REPORT
level of cooperation received by
the CPT
13.
Over the last twelve months, the level of
cooperation received by the CPT from the competent
national authorities in the course of its visits has
remained on the whole good. However, isolated
examples still occur of delays in access to places of
detention, especially of law enforcement agencies.
Moreover, the information provided to the
Committee’s visiting delegations has on occasion been
incomplete (in particular as regards lists of places of
detention) and even inaccurate.
14.
In a number of countries, evidence was once
again found in certain establishments visited of
detained persons having been warned not to make any
complaints to the CPT’s delegation and/or of them
having been subsequently questioned about what they
had said to the delegation. One visiting delegation also
encountered an attempt (which proved unsuccessful) to
prevent it from meeting a detained person, through the
provision of misleading information as to that person’s
whereabouts.
The CPT must reiterate that resort to such
methods is totally unacceptable and that any
intimidatory or retaliatory action against a person
before or after contact with a CPT delegation could
result in the Committee exercising its power to make a
public statement under Article 10, paragraph 2, of the
Convention.
15.
During several visits, CPT delegations
encountered difficulties in certain establishments in
obtaining access to medical records of detained
persons, notwithstanding the obligation placed on
Parties to the Convention to provide the Committee
with “information available to (them) which is
necessary for the Committee to carry out its task”
(Article 8.2.d).
It is self-evident that access to medical records
can be of great relevance to the CPT’s task of
examining the treatment of persons deprived of their
liberty. Certainly, when seeking access to medical
records of detained persons, the CPT must have regard
to applicable rules of national law and professional
ethics, which may have implications as regards the
precise manner in which the information sought is
provided to the Committee. However, nothing can
justify a refusal to grant access to medical information
concerning a detained person nor the granting of access
under conditions which are tantamount to a refusal.
The CPT encourages Parties to the
Convention to adopt specific provisions on the subject
of access to medical records for the Committee’s
delegations, in order to ensure that their obligation
under Article 8.2.d of the Convention is always
fulfilled in practice.
16.
As has been stressed before, a country’s
cooperation with the CPT cannot be described as
effective in the absence of action to improve the
situation in the light of the Committee’s
recommendations. Over the years, there has been no
shortage of “success stories”. However, it is also the
case that the failure of States to implement
recommendations repeatedly made by the CPT on
certain issues remains a constant refrain of the
Committee’s reports. Few countries visited over the
last twelve months have escaped this criticism.
Monitoring on behalf of the
International Criminal Tribunal
for the former Yugoslavia (ICTY)
17.
During the period covered by this General
Report, the CPT has received from the ICTY further
requests to monitor in certain States the treatment and
conditions of detention of persons serving sentences
imposed by the Tribunal. Those requests were
accepted.
At present, the CPT has agreed to monitor the
situation of persons convicted by the ICTY and serving
their sentences in Albania, Germany, Portugal, Ukraine
and the United Kingdom. This specific monitoring
activity is regulated by an exchange of letters between
the ICTY and the CPT dated 7 and 24 November 2000
(the text of the exchange of letters is reproduced in
Appendix 5 of the 11th General Report, CPT/Inf (2001)
16).