CAT/OP/KGZ/2
(c)
Confidentiality
71.
The Subcommittee observed during the joint visit with the national preventive
mechanism that the mechanism’s staff did not hesitate to discuss the content of the
complaints in the presence of the guards and with the administration of the place of
detention. This proves a lack of familiarity with the principle of confidentiality among the
staff of the mechanism, and a lack of awareness of how failing to uphold that principle can
negatively affect the detainees, who remain in the place of detention long after the
mechanism’s visit. This raises serious concerns in the matter of trust by detainees in, and
their perception of, the mechanism and its position on the issue of reprisals.
72.
The Subcommittee underlines the importance of the principle of confidentiality
with regard to the working methodology and the success of the national preventive
mechanism. It recommends that the mechanism organize a training session, as a
matter of priority, on issues of confidentiality and the principle of do no harm. 15 It is
of the utmost importance that the mechanism and its monitoring teams understand
how to integrate these principles into their work in order to avoid exposing detainees
to any type of reprisal.
(d)
Debriefing the head of the institution
73.
The Subcommittee is concerned that, while a short briefing was provided to the
authorities at the end of the visit, it did not address the main issues that were identified
during the visit. The debriefing focused mainly on individual complaints and almost no
systemic issue was raised. The Subcommittee noted that before the debriefing, the
monitoring team coordinated only summarily to decide on what findings and
recommendations to share with the head of the facility. Moreover, the authorities were not
alerted to the need to protect from reprisals detainees and personnel of the detention centres
who had been interviewed.16
74.
The Subcommittee recommends that systematic and constructive debriefings
should normally be given as soon as possible to those responsible for the facilities
visited. They should include the preliminary observations and recommendations when
appropriate and emphasize matters calling for immediate action or action of a
pressing humanitarian nature.
(e)
Reprisals
75.
The Subcommittee is disturbed that the national preventive mechanism lacks a
strategy on preventing persons who are interviewed during visits from being subjected to
reprisals or threats from staff of detention facilities and fellow detainees. An agreed and
approved methodology on reprisals, which has been assimilated by all members, is essential
to the work of the mechanism and its interactions with detainees.
76.
Moreover, the Subcommittee notes with great regret that the national preventive
mechanism failed to preserve the principle of confidentiality and divulged the identities of
the interviewees, including minors, along with the content of their complaints, to the
director of the detention facility. In its activities, the mechanism must, through all means
necessary, avoid doing harm, even when trust and amical relations have been established
between the monitoring team and staff of the detention facility. The Subcommittee
underlines the need to always seek to protect detainees who have been interviewed from
possible reprisals, even when there appears to be little risk.
77.
The Subcommittee noted that, at its final debriefing, the national preventive
mechanism did not mention to the authorities of the institution that any form of intimidation
or reprisal against persons deprived of their liberty constitutes a violation of the State
party’s obligations.17
15
16
17
See paragraphs 75–79 below.
Article 21 of the Optional Protocol.
Article 13 of the Convention against Torture and article 21 of the Optional Protocol.
13
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