CAT/OP/KGZ/2
56.
The Subcommittee recommends that all members of the national preventive
mechanism, including members of the coordination council, employees of the National
Centre and experts involved, receive training on the methodology of visits to places of
deprivation of liberty, including on planning and organizing a visit.
57.
The Subcommittee recommends that the national preventive mechanism
develop a targeted strategy for each visit. Such strategies should be based on the type
and size of the institutions, knowledge of the seriousness of human rights issues and
the mechanism’s ability to follow up on its recommendations.
2.
(a)
During visits
Visibility
58.
While noting that the authorities of the detention centre the Subcommittee visited
jointly with the national preventive mechanism were familiar with the staff of the
mechanism, the Subcommittee is concerned that the mechanism has not always made itself
and its mandate clearly known to the authorities nor has it been clearly identified as the
national preventive mechanism. The visiting team must be presented in a way that
distinguishes it from the staff of the detention facility and from other actors conducting
visits to places of detention.
59.
The Subcommittee recommends that the national preventive mechanism clearly
explain, at the beginning of every visit, its mandate to the authorities as well as its
working methods, including the necessity to conduct confidential interviews. The
Subcommittee is of the opinion that an appropriate and complete presentation to the
authorities, especially on the mandate and objective of the visit, will contribute to the
visibility and effectiveness of the mechanism. In addition, the visiting team should be
clearly identified as representing the national preventive mechanism, by, for instance,
through the use of badges or vests, and should provide an information leaflet to the
authorities and detainees.
60.
The Subcommittee believes that the personnel of the national preventive
mechanism should at all times maintain a formal distance from the staff of the
detention facility, despite their possible familiarity or acquaintance with them. This
element of professionalism is crucial to the mechanism’s credibility and to gaining the
trust of the detainees.
(b)
Interviews
61.
During the joint visit, the Subcommittee noted that the members of the national
preventive mechanism were not clearly identified as such, did not always introduce
themselves to detainees as being from the mechanism and did not explicitly explain their
mandate. The principle of confidentiality and the voluntary nature of interviews were
almost never mentioned.
62.
In addition, some “exchanges of information” with detainees, including introducing
the national preventive mechanism members, were conducted collectively, in the presence
of detention officers. The monitoring team had difficulty selecting interviewees and
resorted to open questions, such as “Do you have any complaints?”, addressed to groups of
detainees in the presence of guards from the facility. Moreover, on at least one occasion the
members of the mechanism followed the recommendation of the administration as to what
cells to enter and what cells to avoid.
63.
The Subcommittee recommends that members of the national preventive
mechanism introduce themselves to the interviewee with their name and the position
they occupy within the mechanism. The interviewer should explain the mandate of the
mechanism, placing particular emphasis on its preventive nature. The express consent
of the interviewee should also always be obtained and it should be made clear that the
interview is voluntary and confidential and can be interrupted at any time at the
interviewee’s request. The Subcommittee is of the opinion that an appropriate and
complete presentation builds trust with the interviewee and facilitates communication
and information-sharing. Furthermore, the members of the mechanism should never
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