5
6.
It is also noteworthy that law enforcement officials have sometimes been given instructions to the
effect that the competent judge/public prosecutor is to be informed in the event of a CPT delegation arriving
and wishing to interview persons deprived of their liberty. A procedure of this kind is unexceptionable,
provided that it does not result in the delegation's access to detained persons being delayed.
However, law enforcement officials have on occasion construed such instructions as requiring the
express authorisation of the competent judge/public prosecutor before permitting the delegation to interview
persons deprived of their liberty. In this respect the CPT must point out respect that Article 8, paragraph 3, of
the Convention grants the Committee the right to interview detained persons; to make the exercise of that right
subject to prior authorisation by a judge or public prosecutor would be in clear breach of the Convention. The
Committee's access to detained persons can only be called into question in the "exceptional circumstances" set
out in Article 9, paragraph 1, of the Convention.
7.
The CPT would also like to recall the provisions of Article 8, paragraph 2 (b), of the Convention,
according to which Parties to the Convention are to provide the Committee with "full information on the places
where persons deprived of their liberty are being held".
On more than one occasion during 1995, a visit began without the CPT's delegation being put in
possession of comprehensive and up-to-date lists of places where persons can be deprived of their liberty.
Clearly, this is not conducive to the efficient organisation of a visit.
B.
Committee meetings and follow-up of visits
8.
The CPT held four plenary sessions during 1995. The Bureau also met on a regular basis, and there
were numerous meetings of visiting delegations.
9.
Ten visit reports were adopted during 1995: on the periodic visits to Austria and Hungary and the visit
of a follow-up nature to Turkey in 1994, on the ad hoc visits to Martinique and Sweden in 1994, and on the
periodic visits to Bulgaria, Malta, Portugal, the Slovak Republic and Slovenia in 1995. It should be noted in
this regard that the CPT is now broadly meeting its objective of transmitting to Governments the reports on
periodic visits within six months.
Of course, as indicated in the 5th General Report (cf. CPT/Inf (95) 10, paragraph 9), the CPT can make
its views known on particularly urgent matters well in advance of the transmission of a visit report. Such
"immediate observations" under Article 8, paragraph 5, of the Convention were made by visiting delegations on
certain occasions during 1995, and they met with a constructive response from the Governments concerned.