20 years of combating torture: CPT General Report 2008-2009
38. The ECPT obliges Parties to provide the CPT with information available to them
which is necessary for the Committee to carry out its task. As is stressed in the
Explanatory Report to the Convention, access to information is of great importance to the
CPT. Needless to say, all information provided should be accurate.
For example, lists of places of deprivation of liberty provided to the Committee
should be complete; unfortunately, this is not always the case. During the period covered
by this General Report, one CPT visiting delegation discovered a prison establishment
that had not been included in the lists provided. In another country, no information was
provided on municipal police establishments, notwithstanding that certain of them at
least were equipped with cells. In fact, visiting delegations should receive information
about all places of deprivation of liberty, including places where persons can be held for
short periods of time without being formally detained in a cell.
Information provided should also be reliable. On more than one occasion during
the last twelve months, a CPT visiting delegation has received inexact information, for
example about the use being made of a specific detention area. Attempts to mislead a
CPT delegation are obviously not in conformity with the principle of co-operation laid
down in the ECPT and inevitably leave a poor impression when they are discovered. To
lie to a CPT delegation could in certain cases lead to the Committee making a public
statement.
39. The CPT would also like to emphasise that the obligation to provide information
to the Committee is not confined to the stage when a visit is carried out. In relation to
Article 8, paragraph 2, of the ECPT (which specifically refers to information to be
provided to the CPT), the Explanatory Report makes clear that “in view of the particular
nature of the visits which the Committee is required to make, … this paragraph applies
equally before, during and after visits”. The general obligation of co-operation set out in
Article 3 of the ECPT also entails that States should respond to requests for information
from the CPT which are related to the treatment of persons deprived of their liberty.
Access to such information may well be essential for the Committee to decide whether or
not to make use of its power under the Convention to organise a visit.
40. Signs that detained persons have been warned not to make any complaints to a
CPT delegation are still detected from time to time. And a visiting delegation recently
witnessed for itself a prison officer threatening an inmate for having spoken to the
delegation (following the delegation’s intervention, the officer concerned was
disciplined).
The CPT has made clear in previous General Reports that any intimidatory or
retaliatory action against a person before or after contact with one of its delegations is
totally unacceptable and could result in the Committee exercising its power to make a
public statement.
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