CAT/OP/KGZ/2
78. The Subcommittee highly recommends that the national preventive mechanism,
as a matter of priority, prepare a comprehensive methodology and strategy on
prevention of reprisals and ensure that its staff are familiar with the content and how
to implement it. The approach should be focused on prevention, confidentiality and
the principle of do no harm.
79.
The Subcommittee recommends that the national preventive mechanism always
consider there to be a risk of intimidation, sanctions or reprisals and, therefore, that it
take steps to address that risk. As a preventive measure, the issues of possible reprisal
should always be mentioned. In addition to the precautions mentioned above, the
mechanism should warn the authorities that any kind of reprisal is impermissible and
will be reported, and that the mechanism will follow up in order to satisfy itself that
those responsible have been subjected to appropriate penalties. The mechanism
should also, inter alia, undertake preventive follow-up visits.
3.
After the visit
(a)
Post-visit reports
80.
The Subcommittee took note with satisfaction of the established, although not
envisioned in the law, practice of the national preventive mechanism to draft reports
destined for the relevant authorities two to seven days following the visit to a place of
deprivation of liberty.
81.
While the Subcommittee encourages this practice, it notes that the report of the joint
visit conducted with the Subcommittee contained an excessive amount of factual
information and focused on the mechanism’s findings on minor issues rather than a
reflection of the more systemic findings of the visit. The recommendations formulated in
the visit report did not necessarily reflect those findings. Moreover, the report did not
contain an assessment of the degree to which the detention facility had implemented the
recommendations of the previous visit.
82.
The Subcommittee recommends that the national preventive mechanism
continue with the practice of preparing a report with concerns and recommendations
after each visit conducted (CAT/OP/12/5, paras. 36–37). If the mechanism deems it
appropriate under its mandate, it may release the report as a public document, while
ensuring the confidentiality of any personal data.18
83.
The Subcommittee recommends that the national preventive mechanism train
its members on reporting techniques, formulation of recommendations and follow-up
strategies. It should be borne in mind that each visit report should focus on prevention,
on clearly highlighting any problems that exist and on proposing solutions in the form
of practical recommendations. The recommendations must be concrete and wellfounded, should be directed towards developing practicable preventive measures to
deal with shortcomings in systems and practices, and should also take account of the
relevant national and international norms in the field of prevention of torture and
other ill-treatment, including recommendations of the Subcommittee. Following the
transmittal of the report, the mechanism should develop a strategy for following up on
the recommendations and using the report as a platform for dialogue with the
authorities of the visited institution as well as with the relevant ministries.
(b)
Annual reporting
84.
The Subcommittee observes that the national preventive mechanism has refrained
from publishing its annual reports that have not been heard by the parliament. The
Subcommittee is also unclear as to the procedures followed by the mechanism in preparing
its annual reports.
85.
Pursuant to article 23 of the Optional Protocol, the Subcommittee encourages
the national preventive mechanism to consider ways in which it can publicize its
18
14
Article 21 of the Optional Protocol.
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