20 years of combating torture: CPT General Report 2008-2009
4.
There are also a number of regions in Europe in which the central authorities are
not, or not fully, in effective control, and the CPT has so far had only partial success in
exercising its preventive mandate in these areas. The Committee has been able to operate
in the breakaway Moldovan region of Transnistria as well as in Kosovo, in the latter case
on the basis of a specific Agreement between the Council of Europe and the United
Nations Interim Administration in Kosovo. The CPT also recently succeeded in
organising its first visit to the breakaway Georgian region of Abkhazia. In contrast,
attempts by the CPT to visit the corresponding region of South Ossetia have failed to
date. Further, the Committee’s repeated efforts to organise a visit to the northern part of
Cyprus have so far been fruitless, and it has also yet to visit the breakaway Azerbaijani
region of Nagorno-Karabakh.
Regrettably, legalistic obstacles are frequently raised when the CPT seeks to
operate in the above-mentioned regions, obstacles which appear on occasion to be
politically motivated. The CPT wishes to emphasise that its mandate is entirely apolitical.
The Committee’s only objective in seeking to go to these areas is to strengthen the
protection of individuals against torture and other forms of ill-treatment; surely that is in
the true interests of all parties involved.
5.
The geographical enlargement of the CPT’s activities has been accompanied by an
enlargement of the Committee’s work in terms of the types of places visited. At the
outset, CPT visits were centred mainly on police and prison establishments. However, the
Committee has progressively explored in depth the whole gamut of deprivation of liberty,
from involuntary placement in psychiatric establishments to the administrative detention
of foreigners under aliens legislation, detention centres for juveniles and social welfare
establishments for the mentally disabled or elderly. Visits have been organised to military
detention facilities as well, though this is one category of place of deprivation of liberty
that arguably should receive more attention from the Committee. In recent years, the
CPT has also increasingly carried out visits focused on specific categories of inmates,
such as remand prisoners held in conditions of isolation, life-sentenced prisoners and
persons placed in high-security units.
6.
The CPT has gradually developed a corpus of standards on safeguards against illtreatment and conditions of detention, as regards both persons deprived of their liberty
in general and detained persons belonging to particularly vulnerable groups. These
standards have in large part been made public through substantive sections in the
Committee’s General Reports. The CPT is pleased to note that the standards have had an
influence on various Council of Europe instruments, such as the Twenty guidelines on
forced return of 2005, the revised European Prison Rules (2006), the European Rules for
juvenile offenders (2008) and the Guidelines on human rights protection in the context
of accelerated asylum procedures (2009). The CPT also greatly welcomes the increasing
reference being made in judgments of the European Court of Human Rights to the
Committee’s standards as well as to the specific findings in its country visit reports.
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