General Report of the CPT, 2011-2012
49. When appropriate, the attention of the persons who sent the communication is drawn to an independent body at national level which could examine the
matter raised, and that body might be an NPM. The question has been raised
whether the CPT should not itself take the initiative to transmit individual communications to the relevant NPM (save for those cases when from the content
of the communication, it is clear that this would be contrary to the wishes of
the person concerned). This question will most likely be answered on a country
by country basis, in the light, inter alia, of the relationship that is gradually
developed between the CPT and each NPM.
Simultaneous membership of the CPT and an NPM
50. Within the CPT, there are now several members who are members of and
even heading the NPM in their country. The question has been raised whether
this does not involve a conflict of interest. For its part, the CPT does not see this
situation as problematic, provided that the NPM concerned is OPCAT-compliant
and, in particular, enjoys functional independence. It should be emphasised in
this regard that a CPT member does not play an active role in relation to the
Committee’s activities in the country in respect of which he/she has been elected.
More specifically, a CPT member never takes part in a visit by the Committee
to that country, and he/she does not intervene in the subsequent discussion of
the draft visit report.
51. In addition, the CPT derives considerable benefit from the expertise of
members with NPM experience when assessing the situation in other European
countries. Their presence enriches the diversity of views within the Committee
and provides for a larger spectrum of professionals with direct knowledge of
on-site monitoring.
Joint participation in visits
52. The possibility has been mooted of NPM members joining the CPT’s
delegation during a visit to their country, or of CPT members being invited to
participate in an NPM visit. The CPT is not in favour of such scenarios. To begin
with, the rule of confidentiality which applies to the Committee’s activities would
pose significant problems as regards the participation of NPM members in one
of its visits. More fundamentally, the Committee considers that to mix up the
functions of national and international preventive mechanisms could prove to
the detriment of both. The strength of the tripartite monitoring system (NPMs,
CPT, SPT) now in place – the assistance and support that each part can provide
to the others – lies precisely in the mechanisms remaining, and being seen to
remain, quite separate. “United in our goals, distinct in our roles” should be the
motto to adopt.
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