CAT/OP/MKD/2
regard, the national preventive mechanism could prepare a leaflet that describes its
mandate and working methods, explains the concept of informed consent and
provides contact information. The Subcommittee further recommends that the
location of where one-to-one interviews take place should be carefully chosen to
ensure that the content of the interview remains confidential, which also helps ensure
that the “do no harm principle” is respected in all cases. In addition, the mechanism
should also indicate and encourage those interviewed to report any reprisal they
might face following the visit and, if necessary, it should conduct follow-up visits. It is
further recommended that the mechanism prepare a leaflet concerning reprisals that
can be distributed to those with whom it speaks.
38.
The Subcommittee has observed that the national preventive mechanism tends to
focus on dealing with individual issues or requests (such as the reasons for detention and
requests for release) and the material conditions of detention and less on the prevention of
torture and ill-treatment. As a result, procedural and systematic problems, as well as related
substantive issues, do not figure prominently in its work. The Subcommittee recalls that the
mandate of the mechanism differs from that of other bodies working against torture and is
characterized by its preventive approach, which involves identifying patterns and detecting
systemic risks of torture and ill-treatment. While understanding the difficulties in keeping
interviews focused on its mandate, the Subcommittee reminds the mechanism that this
should be the primary focus of an interview.
39.
The Subcommittee recommends that members and staff of the national
preventive mechanism undertake capacity-building exercises, including training on
interview techniques, visiting procedures, the skills necessary to detect signs and risks
of torture and ill-treatment and the Istanbul Protocol, to develop working methods
and a comprehensive visiting methodology that will highlight institutional and
systematic challenges, including those affecting vulnerable populations in places
where persons are deprived of liberty. The Subcommittee recommends that rather
than seeking to investigate or resolve individual complaints, the mechanism should
advise detainees on how and to whom individual complaints should be addressed and
seek to ensure the effectiveness of complaints mechanisms as a means of prevention
rather than attempting to resolve such problems themselves.
Debriefing the head of the institution
40.
The Subcommittee noted that the national preventive mechanism did not notify the
authorities of the institution at the end of its visit that any form of intimidation or reprisals
against persons deprived of their liberty constitutes a violation of the State party’s
obligations under the Optional Protocol.2 The Subcommittee underlines the need to always
seek to protect those interviewed from possible reprisals, even when there appears to be
little risk.
41.
The Subcommittee recommends that the national preventive mechanism always
consider that there may be a risk of intimidation, sanctions or reprisals and therefore
take steps to address that risk. In addition to the precautions previously mentioned
(see paragraphs 25, 28, 29 and 37 above), the mechanism should warn the authorities
that any kind of reprisal is impermissible and will be reported, and that it will follow
up on any such concerns in order to satisfy itself that if such an action has occurred,
those responsible have been identified and subjected to appropriate penalties. The
Subcommittee notes that initial introductions and debriefings (both short) go a long
way to building trust and confidence and visits should be approached in this fashion.
2
8
See article 13 of the Convention against Torture and article 20 of the Optional Protocol.