General Report of the CPT, 2011-2012
3. As regards the election process, the key requirement is that the procedures
in place ensure that persons elected to the Committee fully meet the requirements set out in Article 4 of the Convention. The Committee of Ministers agrees
that Assembly Resolution 1540 (2007) contains many elements that could be
useful for member States in the conception of their national selection procedures
(public calls for candidatures, consultations on candidates with both State and
non-governmental bodies, and interviews with shortlisted candidates to assess
their qualifications, motivation and availability, as well as language skills).
The goal should be that all persons placed on lists of candidates forwarded by
the national delegations in the Assembly are capable of making an effective
contribution to the CPT’s activities. The Committee of Ministers also notes
that the stipulation in paragraph 4 of Assembly Resolution 1808 (2011), that “If
it is considered that a candidate may have a conflict of interest, the person in
question shall be required to undertake in writing that, if elected, he or she will
relinquish the functions that may give rise to such a conflict”, has already been
put into practice in some cases.
4. The Committee of Ministers agrees that the timely publication of the CPT’s
visit reports can only increase the impact of the Committee’s work. This allows
other relevant organisations to contribute to the process of taking forward the
implementation of recommendations contained in a report and enables the CPT
to participate directly in public debate on the issues involved. Consequently,
authorising publication of visit reports can be seen as an important means of
facilitating co-operation with the CPT. However, the Committee of Ministers
has some misgivings as regards the proposal to amend the Convention and provide for the automatic publication of the Committee’s visit reports no later than
six months after their transmission. Firstly, there may be exceptional situations
when the rapid publication of a visit report would do more harm than good.
The Committee of Ministers is also concerned that weakening the principle of
confidentiality by providing for the automatic publication of the visit reports
could upset the balance in the Convention’s provisions, to the detriment of the
CPT’s future co-operation with States. Instead of envisaging an amendment of
the Convention, the Committee of Ministers repeats the message it delivered on
6 February 2002, when it “encouraged all Parties to the Convention to authorise
publication, at the earliest opportunity, of all CPT visit reports and of their
responses”.
5. The Assembly finally invites the Committee of Ministers to place on its
agenda and discuss as a matter of urgency any public statement adopted by the
CPT under Article 10 of the Convention. The Committee of Ministers agrees
with the Assembly that when a public statement is made under Article 10, the
exceptional character of this measure should merit that such a step be taken.
The Committee of Ministers notes, however, that a public statement should
above all be thoroughly examined by the national authorities concerned.
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