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Commission members conducting visits and interviews build trust with the interviewee
and facilitate communication and information-sharing.
53.
The Subcommittee also recommends that the National Commission for the
Prevention of Torture choose carefully the location of individual interviews to ensure
that their content remains confidential.
54.
The members of the National Commission for the Prevention of Torture should
also inform interviewees that they can report any reprisals taken against them following
the visit, and encourage them to do so. If necessary, specific follow-up visits should be
conducted.
55.
The Subcommittee recommends that the National Commission for the
Prevention of Torture prepare a brochure describing its mandate and working methods,
explaining the concept of informed consent and providing contact information, and that
it disseminate the brochure as widely as possible.
56.
The Subcommittee noted that the members of the national preventive mechanism were
not wearing anything by which they could be readily identified.
57.
The Subcommittee recommends that, when conducting visits, members of the
National Commission for the Prevention of Torture wear something to identify
themselves, such as a badge or vest.
Interpreters
58.
In view of the high percentage of persons deprived of their liberty who are of foreign
origin, it is essential that the National Commission for the Prevention of Torture have the
means to speak to any detainee in a language that he or she understands.
59.
The Subcommittee recommends that the National Commission for the
Prevention of Torture take appropriate measures to ensure that a sufficient number of
interpreters are available. The Subcommittee also recommends that the Commission
make promotional materials on its mandate available in languages other than the
official languages of Switzerland.
Reprisals
60.
The Subcommittee underlines the need to ensure that interviewees are protected from
possible reprisals, even when there appears to be little risk. The delegation noted with
satisfaction that, during the debriefing, the National Commission for the Prevention of
Torture made it plain to the prison authorities that any form of intimidation or reprisals
against persons deprived of their liberty constituted a violation of the State party’s obligation
under article 13 of the Convention and article 21 of the Optional Protocol.
61.
The Subcommittee encourages the National Commission for the Prevention of
Torture to continue its dialogue with the authorities on the unacceptability of reprisals
and on its related follow-up work. The Commission should also undertake preventive
follow-up visits if necessary.
Follow-up discussion after the visit
62.
The Subcommittee’s delegation attended the follow-up discussion between the
National Commission for the Prevention of Torture and the authorities of Bern regional
prison. The delegation found that the time allotted to the discussion was insufficient to cover
all the issues that needed to be addressed, given that four years had passed since the previous
visit to Bern regional prison.
63.
The Subcommittee encourages the National Commission for the Prevention of
Torture to devote the necessary time to follow-up discussions with the authorities of the
facilities visited.
GE.21-03810
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