- 11 27.
This process consists of three stages. First, towards the end of a given year, the CPT gives each of the
Parties featuring in the provisional programme of periodic visits for the following year (cf. Rule 31 (2) of the
CPT's Rules of Procedure) an advance indication of the fact that the Committee envisages organising a periodic
visit there in that year. Shortly afterwards, the Committee issues a short press release indicating the names of
the countries where a periodic visit is planned.
The second stage consists of a formal notification to the States concerned (usually sent about two
weeks before the visit) of the Committee's intention to carry out the visit. This formal notification gives the
date when the visit will start, indicates the probable length of the visit and provides the names of the Committee
members making up the visiting delegation as well as those of any experts and interpreters; it also contains a
request that meetings with specified Ministers and/or high ranking officials be arranged.
In the third stage, notice is given a few days before the actual commencement of the visit of the places
that the CPT intends to visit. However, it is always spelt out that in the course of the visit the CPT's delegation
may decide to visit other places (cf. Article 8, paragraph 1, of the Convention and paragraph 58 of the
Explanatory Report).
28.
This three-stage process is in line with the principle of co-operation between the CPT and Parties laid
down in Article 3 of the Convention, for the names of the countries concerned are rendered public only after
each of them has been duly informed.
It also offers a number of practical advantages, perhaps the greatest being that the first stage gives
interested organisations and individuals advance notice of the countries in which periodic visits are envisaged
in a given year, thereby enabling them to concentrate their efforts and provide relevant and up-to-date
information to the Committee in good time. A considerable element of surprise is nevertheless retained, since
there is no indication of when during the year the visit will take place.
Further, as regards the second stage, notifying the date of the start of the visit two weeks in advance
inter alia greatly facilitates the setting up of meetings with relevant Ministers, officials and organisations.
29.
It is important to note that this three-stage process only applies to periodic visits; it has been established
on an experimental basis and is susceptible to modification.
30.
Finally, it should be added that the whole scheme was communicated to all the Parties by the
Committee's President before being put into practice. None of these States objected to it, and it can therefore
be regarded as accepted by them.
31.
A third measure designed to enhance the effectiveness of the CPT regards the follow-up to the
Committee's visits.
The Committee has had to confront the problem of how to implement Article 10, paragraph 2, of the
Convention, whereby if a Party "refuses to improve the situation in the light of the Committee's
recommendations" the CPT may decide to make a "public statement" on the matter. The problem arising in
connection with the application of this provision lies in how it is to be ascertained whether the Party concerned
has improved the situation in the light of the Committee's recommendations.
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