- 10 22.
A third measure designed to ensure absolute impartiality in the functioning of the Committee is
embodied in Rule 9, whereby "No member of the Committee shall preside when the report on a visit to the
State Party in respect of which he was elected is being considered".
iii)
23.
Promoting the CPT's effectiveness
Three measures should be underlined in this respect:
Firstly, the CPT considered that it must be able to react expeditiously and effectively when it receives
disturbing reports but when the facts at its disposal are not sufficient in themselves to justify an ad hoc visit.
On this important issue the Committee adopted Rule 30, which reads as follows:
"1.
Before deciding on a particular visit, the Committee or, if appropriate, the Bureau may request
information or explanationns as regards the general situation in the State concerned, as regards
a given place, or as regards an isolated case concerning which it has received reports;
2.
Following receipt of such information or explanations, details of remedial action taken by the
national authorities may be requested."
24.
When discussing the drafting of this Rule, it was felt that it was necessary to place the request for
information or explanations within the framework of a possible visit, as otherwise the measure envisaged might
be considered as exceeding the normative structure of the Convention. The Rule eventually adopted has the
double merit of being formally in keeping with the Convention (which only empowers the Committee to make
visits or to take action relating to visits) and of providing for a means of action in urgent situations that was not
originally foreseen in explicit terms by the drafters of the Convention. The power thus conferred on the
Committee may prove very useful in allowing the monitoring of the treatment of detainees without necessarily
involving visits - which could turn out to be expensive, time-consuming and, in the event, unnecessary. The
States Parties, in turn, should find this measure most helpful, for it allows them to provide explanations
countering the reports received by the CPT or to take action to remedy a situation of ill-treatment, and thereby
avoid having to face a visit
by a CPT delegation.
25.
The Rule in question has already been applied in a number of instances, and has been well received by
the States concerned.
26.
The second measure taken by the CPT to increase its effectiveness relates to the notification of
periodic visits. When the Convention was being drafted, it did not occur to the draftsmen that, while in the case
of ad hoc visits the Committee acts on the basis of fresh and reliable information received from one or more
sources, in the case of a periodic visit the Committee may lack all the general and specific information on the
situation in the country concerned that is necessary for the carrying out of a really worthwhile visit. While
debating its procedures and methods of work, the Committee felt that a means had to be found of inciting the
receipt of relevant information concerning a country due to receive a periodic visit, but a means which at the
same time allowed a certain measure of surprise as regards the actual carrying out of the visit to be maintained.
The dilemma was resolved by deciding that the notification of a periodic visit to the country concerned, which
under the Convention could be taken to consist of a single act, should instead be conceived of as a process.
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