CAT/OP/KGZ/2
consult the administration, or be influenced by it, as to whom they should interview;
this is at the sole discretion of the national preventive mechanism. The perception of
guards regarding the dangerousness of the inmates should not discourage or influence
the mechanism in the implementation of its visit plans.
64.
The Subcommittee recommends that the location where the individual
interview takes place be carefully chosen to ensure that the content of the interview
remains confidential, meaning out of sight and hearing of any third party, so that the
principle of do no harm is applied without exception. It should also indicate and
encourage the interviewees to report any reprisal they might face subsequent to the
visit and, if necessary, conduct follow-up visits.
65.
The Subcommittee noted that the interviews took place in a very formal and rather
mechanical manner and in an uncomfortable setting, which was not conducive to the
creation of a trusting relationship between the members of the national preventive
mechanism and the persons interviewed. In addition, scant information was provided to the
interviewed person about the mechanism and the objectives of the visit, which can create
unfounded expectations as to what the mechanism can do in individual cases. The
interviewer should avoid informal contacts with detention officers, as it may affect
perceptions of the credibility and independence of the interviewer and the mechanism.
66.
The Subcommittee recommends that the national preventive mechanism
conduct private individual interviews with detainees. The location where the
interviews takes place needs to create an environment where the interviewee feels at
ease; if possible, spaces familiar to detainees should be used. It is further
recommended that the mechanism prepare a leaflet that describes its mandate and
working methods, explains the concept of informed consent and provides contact
information. Finally, the interviewer should always maintain formal and professional
relations with detention officers.
67.
The Subcommittee noted the excessive reliance of the staff on their checklists and
questionnaires. While the checklist helps staff remember the objectives of the visit, strict
adherence thereto is counterproductive and prevents the natural flow of conversation with
the interviewee. Moreover, the Subcommittee observed that the content of the checklist was
rather problematic, as it did not reflect key aspects of the mandate of the national
preventive mechanism and focused excessively on the material conditions of detention.
68.
The Subcommittee noted that on several occasions interviews had touched on
matters unrelated to the mandate of the national preventive mechanism, such as the reason
for the detention, requests for release or other judicial procedure issues. While
understanding the difficulties in keeping interviews focused on the mandate of the
mechanism, the Subcommittee believes the mandate should be the primary focus of an
interview. To help keep interviews focused on the mandate, members of the mechanism
should refrain from advising interviewees, offering to provide services and making
promises that they are not able to fulfil as they do not fall within the prevention mandate.
69.
The Subcommittee recalls that the purpose of interviews is to assist the national
preventive mechanism in understanding the situation of persons deprived of their
liberty in order to make recommendations to prevent future cases of torture and illtreatment. Should other issues arise during the course of interviews, the monitoring
team should draw the attention of detainees to the appropriate means and
mechanisms of addressing such issues, but not seek to address those issues themselves,
as the role of the mechanism is strictly prevention. The Subcommittee also reminds
the mechanism that the reliance on standardized forms and questionnaires should be
minimized, as systematic use of standardized checklists and forms can prevent the
specificities of each case from being taken into account.
70.
The Subcommittee recommends that the management of the national
preventive mechanism ensure that all staff in charge of preventive visits have received
specific training on interviewing techniques and ascertain that persons who conduct
interviews have fully assimilated the training and have, for example, passed a mock
evaluation.
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