- 22 VI.
SPECIFIC ISSUES
a)
Legal problems concerning the interpretation of the Convention
74.
On the occasion of the visits carried out in 1990, two legal questions of general importance arose
concerning the interpretation of the Convention.
75.
Firstly, it was advanced that visa requirements imposed by a Party on persons travelling to its territory
could also be applied to a CPT visiting delegation, including members of the CPT as well as experts and
members of the Secretariat.
The CPT disagrees with this view. In its opinion, the wording of point 2b of the Annex to the
Convention ("exemption from any restrictions" on "entry into .. the country in which they (CPT members and
experts) exercise their functions") clearly rules out the application of a visa requirement to members of the CPT
or experts assisting the Committee during journeys made in the exercise of their functions. Article 8(2)(a) of
the Convention should also be recalled in this connection, which obliges Parties to provide the Committee with
"access to its territory and the right to travel without restriction". Further, the observations on this provision set
out in paragraph 61 of the Explanatory Report on the Convention spell out expressly that visa requirements
may not be invoked against members of a CPT visiting delegation.
76.
The second legal question raised concerns whether a Party which invokes Article 14, paragraph 3, of
the Convention and declares that an expert or other person assisting the Committee may not be allowed to take
part in a visit, is obliged to provide the reasons for that declaration when requested to do so by the CPT or the
relevant visiting delegation.
In the CPT's opinion, a literal and logical interpretation of Article 14, paragraph 3, leads to the
conclusion that a Party must be prepared to disclose its reasons for invoking that provision. Similarly, it
considers that an obligation to provide those reasons also flows from the principle of co-operation laid down in
Article 3 of the Convention. This view is supported by the wording of paragraph 85 of the Explanatory Report.
77.
Both the above-mentioned legal questions concerning the interpretation of the Convention have been
raised before the Committee of Ministers, together with the related issue of the legal status of the Explanatory
Report on the Convention.
b)
Relations with the media
78.
At the outset of its activities, the CPT decided to refrain from having any contact whatsoever with the
media, in order to ensure respect for the basic obligation of confidentiality, which is one of the cornerstones of
its conduct of business.
79.
Gradually, however, the CPT came to realise that it had underestimated the interest of the media as
well as of non-governmental organisations and individuals in being fully informed about the CPT's activities.
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