- 44 5. The implementation of such a measure could give rise to significant legal and practical problems insofar as the CPT is concerned. Almost certainly it would involve amending the provisions of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment concerning the composition of visiting delegations and the rule of confidentiality. Further, the presence of an observer from the Sub-Committee in the midst of a visiting delegation could well cause operational complications in the field, no matter how closely defined his position might be in advance. The effectiveness of a visiting delegation depends in large measure on its unity; the latter would not be facilitated by the proposal presently under consideration. 6. Moreover, it is far from certain that such a system would be the best method of ensuring a good coordination of activities, since the observer would obtain only an imperfect picture of the outcome of a visit. His detailed knowledge would be limited to those parts of the visit in which he participated personally (in this connection it should be recalled that CPT visiting delegations operate for much of the time in sub-groups, often located in quite different parts of the country concerned). Further, he would possess neither the report subsequently sent to the State visited nor the latter's response. It follows that his report to the Sub-Committee would be incomplete and hence potentially misleading. 7. As regards the remark made in the middle of paragraph 13 of the Introductory Memorandum to the draft Optional Protocol, ("It might be problematic if some State Parties could have their own nationals among the members of the Sub-Committee visiting places of detention on the territory of other State Parties, but could escape, at the same time, any control of their places of detention by the Sub-Committee simply because they also have ratified a regional Convention establishing some kind of system of preventive visits"), it is essentially political in nature. Such an argument is not directly related to ensuring a good coordination of the activities of regional bodies with those of a universal body. 8. A possible alternative - and more efficacious - means of facilitating the desired coordination of activities could be for a State which has ratified both a regional system and the Optional Protocol to agree that visit reports drawn up by the regional body in respect of that country and the State's response are to be systematically forwarded to the Sub-Committee on a confidential basis. In this way the Sub-Committee would have a full picture of the situation in the regional context, and the consultations between the regional body and the Sub-Committee foreseen in Article 9(1) of the draft Optional Protocol could be held in the light of all the relevant facts. The implementation of this measure vis-à-vis the CPT's activities might not require an amendment of the European Convention. 9. The CPT wishes to limit itself for the time being to these few remarks concerning the relationship of regional bodies with the Sub-Committee envisaged in the draft Optional Protocol. However, it would be ready upon request to submit further observations on specific topics. Yours faithfully, Antonio CASSESE