CAT/OP/MKD/2
30.
The Subcommittee noted that the availability and quality of health care provided in
places where people might be deprived of their liberty, which is an important indicator
when assessing risks of torture or cruel inhuman and degrading treatment, was not taken
sufficiently into account by the national preventive mechanism during preparations for
visits.
31.
The Subcommittee recommends that the national preventive mechanism design
its own health-care assessment tool in light of the Standard Minimum Rules for the
Treatment of Prisoners (Nelson Mandela Rules) and the Manual on the Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (Istanbul Protocol) to ensure comprehensive coverage of
health-care issues as an element in the exercise of its preventive mandate.
During the visit
32.
While the national preventive mechanism conducted a thorough inspection of the
material conditions in the place of detention it visited during the visit of the Subcommittee,
including the state of living spaces, community grounds and medical care facilities, less
attention was paid to preventive safeguards. However, the Subcommittee acknowledges
that in a short visit it may not have seen the full range of practices of the mechanism.
33.
The Subcommittee recommends that the national preventive mechanism direct
additional focus to the development and effectiveness of preventive safeguards and the
effective operation of protective procedures at those points of the detention process
where there is a heightened risk of torture and ill-treatment, including in relation to
medical care, with a particular focus on availability, records, medical screening and
the reporting of injuries.
Intrusive searches
34.
The Subcommittee is concerned about what it considered to be intrusive searches,
including the examination of documentation and being required to undergo pat-down
examinations, which both members of the visiting Subcommittee delegation and the
national preventive mechanism were subjected to prior to accessing several places of
detention. While it is accepted that essential basic security measures are to be complied
with for the benefit of all concerned, the practices described are inappropriate, not in
keeping with the spirit of the Optional Protocol and contrary to the privileges and
immunities governing United Nations experts on mission. It is equally important that those
working for the mechanism are not in any way restricted in their work and should not feel
that they may be subjected to any form of pressure (see CAT/C/57/4, annex).
35.
The Subcommittee recommends that the national preventive mechanism
remind the State party to ensure that members of the mechanism enjoy such
privileges as are necessary for the independent exercise of their functions (see
CAT/OP/12/5, para. 26). Routine body searches and pat-downs contravene the spirit
of the Optional Protocol. The Subcommittee further recommends that if subjected to
such searches or pat-downs, the mechanism raise the issue with the director of the
place of detention and make a note of it in the visit report (specifically) and in the
annual report presented to the parliament (generally).
Interviews
36.
The Subcommittee observed that little information concerning the national
preventive mechanism and the objectives of the visit was provided to those interviewed.
Furthermore, it observed that the principle that interviews should be confidential and
voluntary was not always fully respected. The Subcommittee believes that an accurate and
sufficiently full presentation of the mandate and objectives of a national preventive
mechanism facilitates communication and trust-building and thus improves the quality and
outcomes of interviews.
37.
The Subcommittee recommends that at the beginning of an interview, visitors
should introduce themselves, explain clearly the reason for their presence, what they
can and cannot do, and emphasize the confidential nature of the interview. In that
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