20 years of combating torture: CPT General Report 2008-2009
11. Although often critical of the specific measures taken, the CPT does acknowledge
that some adaptations of the existing legal framework may exceptionally be necessary. Of
course, adaptations of the legal framework are one thing, descent into illegality quite
another. Kidnapping, secret detention, forms of torture masquerading as “enhanced
interrogation techniques” – these are not the kind of methods that democratic societies
should be employing (or aiding and abetting) when going about their business, even in the
most testing of times. Fortunately, more rational voices have now prevailed and some of
the most flagrant aberrations of the post-9/11 period are being overturned. Societies
founded on human rights and the rule of law will not serve their interests well by
jettisoning their basic values; on the contrary, it is in the defence of those values that lies
ultimately their greatest security.
12. On five occasions during the last twenty years, the CPT has made use of the power
under Article 10, paragraph 2, of the ECPT to make a public statement. In each of
these cases, the Committee was confronted with a failure to co-operate and/or a refusal
to improve the situation in relation to widespread acts of torture or other deliberate forms
of ill-treatment. The Explanatory Report to the Convention describes the making of a
public statement as an “exceptional competence of the Committee”, and the CPT intends
to continue to use this power sparingly. However, when a public statement is made by the
CPT, the Committee believes that the exceptional character of this measure should be
duly recognised within the organisational structure of the Council of Europe and
appropriate action taken; at the very least, the statement should be placed on the agenda
of the relevant bodies. Of course, a public statement should above all be thoroughly
examined by the national authorities concerned, and at the highest level. However, the
Council of Europe can help to move that process forward.
13. Tables 2 and 3 on page 11 chart the annual number of visits and of visit days
organised by the CPT since its inception. As will be observed, the steady rise in the
Committee’s activities came to a halt some time ago. Since 2005 the CPT has struggled to
maintain an annual visits programme in the region of 160 to 165 days, and it is still some
distance from the volume of visit days required to cope effectively with the workload
generated by 47 Parties to the ECPT. The loss of a number of experienced members of the
Secretariat in recent years combined with the overall difficult budgetary circumstances
of the Council of Europe are the root causes of this state of affairs. The CPT continues to
innovate so as to make the most effective use of its powers under the Convention: routine
periodic visits are becoming more targeted (and theme-based), in the same way as ad hoc
visits; the Committee’s rapid reaction capacity is being developed; and “high-level talks”
outside the formal framework of a visit is a method increasingly used in appropriate
cases. The fact remains, nevertheless, that with the resources currently at its disposal, the
CPT is not able to exploit fully the considerable potential offered by the breadth of
expertise within the Committee’s membership.
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