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how to conduct interviews and that the members of the mechanism continue to
mutually reinforce each other’s capabilities through regular skills updating and
external courses.
32.
One group of Subcommittee experts noted that some information-sharing and
interviews with persons deprived of their liberty took place in the presence of prison
personnel. On a few occasions, the Subcommittee had to bring up the principle of privacy
in order to avoid any risk of reprisals after the visit.
33.
During its visits, the mechanism must ensure privacy, confidentiality and
protection against reprisals for the persons interviewed in the presence of prison
personnel. The Subcommittee recommends that the place where the interviews are
conducted is chosen carefully in order to ensure confidentiality, in strict adherence
with the “do no harm” principle.
34.
The Subcommittee is concerned that the mechanism lacks a strategy to prevent
reprisals and threats by the personnel working at detention centres and by other persons
deprived of their liberty against the persons interviewed. In order for the mechanism’s
interactions with persons deprived of their liberty and its overall mission to be successful, it
is crucial for its members to agree on and adopt a common methodology regarding reprisals.
35.
The Subcommittee recommends that the mechanism develop, as a priority, a
comprehensive methodology and strategy to prevent reprisals and to ensure that its
personnel is familiar with and knows how to implement the methodology and strategy.
The focus should be on prevention, confidentiality and the “do no harm” principle.
36.
The Subcommittee recommends that the mechanism always consider there to
be a risk of intimidation, sanctions or reprisals and that it therefore take steps to
address that risk. As a preventive measure, the possibility of reprisals must always be
mentioned and interviewees must be invited to report cases to the mechanism or to the
Ombudsman’s Office by dialling “4” on the telephones available in prisons. In
addition to the precautions mentioned above, the mechanism should warn the
authorities that any kind of reprisal is impermissible, and that the mechanism will
follow up in order to satisfy itself that there is a procedure for filing complaints and
that any such complaints have been investigated, the findings of any investigations
reported and the appropriate measures taken. The mechanism must also, among
other things, conduct follow-up preventive visits more frequently.
37.
Furthermore, it would be good practice to distribute an information leaflet to
interviewees to explain the mandate of the mechanism and provide contact
information. The leaflet should also inform persons deprived of their liberty that they
may report to the mechanism any reprisals that they may have suffered for
maintaining contact with the mechanism.
IV. Strategy for follow-up to the recommendations of the
national preventive mechanism
38.
After its joint visit to the Vilma Curling women’s centre, the Subcommittee received
a report that had been prepared by the mechanism. The Subcommittee acknowledges the
mechanism’s efforts in preparing the report, which provides quite detailed remarks on a
number of important subjects. Nevertheless, the Subcommittee is of the view that the
chapter on recommendations to the State party could be enhanced.
39.
The Subcommittee recommends that the mechanism make more specific
recommendations on all the aspects examined. The recommendations should be
exhaustive and measurable using pre-established indicators. It would also be useful if
the mechanism, basing itself on empirical findings, take a firmer, more assertive stand
with regard to State actors, in order to request the necessary adjustments. The
Subcommittee recommends that, after each visit, the mechanism submit
recommendations to the relevant authorities quickly and conduct follow-up visits
promptly.
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