CAT/C/44/2*
competent authorities of two of the countries visited have responded promptly – a clear
signal of their willingness to cooperate with the Subcommittee.
C.
Publication of the visit reports of the Subcommittee on Prevention of
Torture
30.
At the time of writing, of the seven visit reports issued to date, only those on
Honduras, the Maldives and Sweden, along with the authorities’ responses in the case of
Sweden, were in the public domain. The Subcommittee hopes that in due course the
authorities of every State party visited will request that the visit report and the authorities’
response to it should be published. Until such time the visit reports remain confidential.
31.
Even though the majority of the Subcommittee’s reports are still confidential, the
following recommendations from those that have been published are summarized below as
they may be useful for other States in the area of prevention of torture:
• National preventive mechanisms: Guidelines on their establishment, the involvement
of civil society, and their mandate, powers and membership. The Subcommittee has
strongly emphasized the need for legislation establishing national preventive
mechanisms to contain an independent procedure for selecting members.
• Legal and institutional framework: On the legal framework, the recommendations
include alignment of criminal law with international standards on preventing and
combating torture, which generally entails defining torture as an offence in
accordance with article 1 of the Convention against Torture, and the establishment
of legal safeguards against torture, such as access to a lawyer and a doctor and the
exclusion of evidence obtained by torture. On the institutional framework, the
recommendations are aimed at strengthening institutions involved in prevention of
torture. Specifically, the Subcommittee has recommended an increase in the
resources allocated to the public defender system and the judiciary, and has
highlighted the important role these institutions play in preventing torture.
• Places of deprivation of liberty: With regard to the police, generally speaking the
Subcommittee recommends observance and implementation of existing legal
safeguards, training in prevention for police personnel and improvement of the
material conditions of detention. The Subcommittee has noted with concern that acts
of torture and other forms of ill-treatment often take place during the first few hours
of detention in police stations, and has therefore emphasized the need for detailed
records — giving, for example, the identity of all persons detained, the time of
detention and on what grounds — to be kept at police headquarters and for police
officials to be trained in their use. With regard to prisons, the recommendations
usually refer to the separation of the various categories of prisoners
(pretrial/convicted, male/female, minors/adults, in accordance with the relevant
international standards), the material conditions in prisons (adequate living space,
food and drinking water of adequate quality and in sufficient quantity, etc.) and
methods of discipline and punishment, with particular attention to conditions of
isolation. Reference is also made to each country’s particular circumstances, for
example as regards risk groups such as women, minors, persons with disabilities,
indigenous people and Afro-descendants.
32.
10
The Subcommittee will develop these comments in future annual reports.
GE.10-41876