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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