CAT/OP/POL/ROSP/1
25.
It was brought to the Subcommittee’s attention that the mechanism did not visit all
the places of deprivation of liberty as prescribed by the Optional Protocol. In this connection,
the Subcommittee emphasizes that, according to article 4 of the Optional Protocol, the State
shall allow visits to any place under its jurisdiction and control where persons are or may be
deprived of their liberty, either by virtue or with its consent or acquiescence. Therefore, any
place in which a person is deprived of liberty (in the sense of not being free to leave), or
where a person might be deprived of liberty, should fall within the scope of the mechanism.
26.
In determining what constitutes detention and a place of deprivation of liberty,
the Subcommittee recommends that the State party adopt an expansive approach that
maximizes the preventive impact of the national preventive mechanism. 12 In addition,
the Subcommittee recommends that the State party ensure that the mechanism has the
legal authority and practical capacity to access any place where it believes that people
are or may be deprived of liberty, in accordance with article 4, as well as articles 19 and
20, of the Optional Protocol.
27.
The Subcommittee also notes that the mechanism has mainly been focusing on
detention monitoring activities during its first 10 years of operation, having carried out
around 1,000 monitoring visits in that period. However, the activities of the mechanism
should not be limited only to visiting places of detention. Among other functions, the
mechanism needs to have the legal competence to submit proposals and observations
concerning relevant draft legislation.
28.
The Subcommittee recommends that the State party ensure through legal and
financial measures that the mechanism focuses not only on visiting places of deprivation
of liberty but also on other preventive activities, such as commenting on draft legislation,
awareness-raising and training activities, in accordance with articles 4 and 19 of the
Optional Protocol.
29.
During the joint visits with the mechanism, the Subcommittee noted that the staff
members of the office of the ombudsperson were well perceived by the police officers and
they had access to all the premises and information they requested.
30. The meetings held by the Subcommittee with some of the relevant authorities revealed,
however, that the mechanism lacked visibility and a lack of understanding of its role vis-àvis the office of the ombudsperson. The Subcommittee also notes that there is very little
knowledge of the mechanism among relevant stakeholders, including persons deprived of
their liberty, public authorities and other State monitoring bodies, civil society actors and the
general public.
31.
In addition, the Subcommittee observed a general lack of awareness of the reports
produced by the mechanism, particularly with regard to the implementation
recommendations contained in the mechanism reports by the authorities.
32.
In this connection, the Subcommittee recommends that the State party enter into
a continuous dialogue with the mechanism, with a view to implementing the
recommendations of the mechanism to improve the treatment and the conditions of
persons deprived of their liberty, and to prevent torture and other ill-treatment or
punishment. The recommendations should be thoroughly discussed and addressed with
relevant stakeholders in accordance with article 19 of the Optional Protocol.
33.
The Subcommittee further recommends that the State party take immediate
initiatives to increase the visibility of the mechanism, including through activities that
raise awareness of the Optional Protocol and the mechanism’s mandate. The State
party must include the mechanism in the legislative processes and advocacy, which
mechanisms are encouraged to undertake under article 19 of the Optional Protocol.
Doing so improves prevention of torture and increases the overall visibility of the
mechanism. The Subcommittee further recommends that the State party: (a) take steps
to assist the mechanism in making its mandate and its work better known, and thus
more visible to the general public; (b) ensure that the mechanism is recognized as a key
component of the country’s system for preventing torture and ill-treatment; (c)
contribute to making the work of the mechanism more visible by, for example,
organizing awareness-raising campaigns and other promotional activities, including the
12
6
CAT/C/57/4, annex, paras. 1–3.