CPT: 12TH GENERAL REPORT
7.
The main purpose of the ad hoc visit to Spain
was to examine the efficacy in practice of the formal
legal safeguards against ill-treatment which are
available to persons deprived of their liberty by the law
enforcement agencies. The delegation reviewed the
action being taken by the Spanish authorities to
implement the CPT's previous recommendations on
this subject.
It also examined the internal
accountability procedures of the National Police and
the Civil Guard in cases involving allegations of illtreatment by members of those agencies. Further, the
delegation interviewed a number of persons recently
detained by the National Police and the Civil Guard on
suspicion of terrorist-related offences.
8.
In the course of the visit to “the former
Yugoslav Republic of Macedonia”, the CPT’s
delegation examined the treatment of persons deprived
of their liberty by the law enforcement agencies; earlier
in 2001 this issue had already been the subject of highlevel talks in Skopje between the CPT and the national
authorities. The delegation visited several police
establishments and also interviewed a considerable
number of persons who had recently been in police
custody. In addition, the delegation reviewed specific
police-related issues which had been the subject of
recommendations following the CPT's first visit to “the
former Yugoslav Republic of Macedonia”, and
examined the efficacy of existing legal remedies in
cases involving allegations of ill-treatment.
9.
The steps being taken by the Turkish
authorities to introduce smaller living units for
prisoners and the repercussions they have had - the
ongoing hunger strike campaign and the prison
interventions of December 2000 - have been at the
centre of the CPT’s activities in recent times. The two
ad hoc visits to Turkey in 2001 focussed on this issue,
which was also one of the main themes of the periodic
visit organised later in the year.
It should be stressed once again that the CPT
has no fundamental objections to the Turkish
authorities’ plans; large capacity dormitories of the
kind commonly found in Turkish prisons are for a
variety of reasons not a satisfactory means of
accommodating inmates. However, the Committee has
also repeatedly emphasised that moves towards smaller
living units for prisoners - such as those found in the
new F-type prisons - must be accompanied by
measures to ensure that prisoners spend a reasonable
part of the day engaged in a programme of communal
activities outside their living units; a generalised
system of small group isolation would not be
acceptable to the CPT.
9
F-type prisons do possess areas specifically
designed for communal activities, and the Turkish
authorities have made legislative changes which make
it possible for all categories of prisoners to participate
in activity programmes in those areas. Other very
welcome prison reforms have also been introduced,
such as measures to enhance prisoners’ contacts with
the outside world and to establish prison monitoring
boards and sentence enforcement judges. The CPT
continues to monitor closely the practical
implementation of all these reforms, with a view to
ensuring that their full potential is realised.
For a situation of small-group isolation to be
avoided, prisoners must themselves be willing to leave
their living units and take advantage of what is on
offer.
The unwillingness to participate in the
communal activities available which has to date been
displayed by most prisoners covered by the Law to
Fight Terrorism is obviously not facilitating the task of
the Turkish authorities. In this context, the CPT has
welcomed the steps recently taken to introduce the
additional activity of regular association (conversation)
periods for up to 10 prisoners. However, it has also
recommended that the existing precondition for
enjoying this activity be dropped; all prisoners should
be eligible for the conversation periods, irrespective of
whether they already take part in another communal
activity. The CPT believes that for many prisoners,
participation in such conversation periods could well
prove the crucial first step in winning their confidence
and encouraging them to engage in the other communal
activities available.
10.
Looking to the future, periodic visits to States
are explicitly foreseen by the Convention and they will
certainly remain an important feature of the CPT’s
activities. They provide the opportunity to establish a
solid basis for cooperation with national authorities on
a range of matters falling within the Committee’s
mandate. However, the current length of such visits
will most probably be reduced in the future, especially
as regards countries which have already received
several periodic visits. The CPT’s overall aim is to
achieve a better balance between the different types of
visits it organises, dividing the number of visit days in
a given year more evenly between periodic and ad hoc
visits.
The trend towards an increasing number of
short and very targeted visits carried out by small
delegations will continue. More specifically, the CPT
has every intention of enhancing its capacity to react
rapidly to events as they happen, and ensure a physical
presence on the spot when emergency situations arise.