Article 2. Obligation to Prevent Torture
85
36 Also, the maintaining of an official (electronic) register where all detainees are
systematically registered from the moment of deprivation of liberty was recommended
by the Committee,83 with lawyers and relatives of those detained having access to these
records.84 Unrecorded places of detention are not permissible.
37 A worldwide study looking at the effectiveness of torture prevention measures
equally concluded that procedural protections in the first moments of arrest have the
greatest impact to prevent torture.85
38 In Ramiro Ramírez Martínez et al v Mexico, the Committee has voiced its concern regarding preventive custody being implemented in military facilities, particularly
its excessive duration and the lack of monitoring, as well as the number of complaints
of torture by persons subjected to preventive custody, which lead to an environment
that encouraged confessions obtained under torture and these being used as evidence.86
The Committee has therefore found a violation of Article 2(1). As part of the State reporting procedure, the Committee has also recommended that States parties should reduce preventive detention to an absolute minimum and consider abolishing the practice
for young offenders.87
39 In the case of the State party’s failure to introduce measures to prevent torture
of prisoners by or with the acquiescence of authorities, as well as prisoner-on-prisoner
violence and in the absence of an independent prison monitoring mechanisms, the
Committee has equally found a violation of Articles 2 and 11 of the Convention in the
individual complaints procedure.88
3.1.2.3 Ensuring Independent Monitoring of Places of Detention
40 The Committee has stipulated that States parties should ensure that there are
impartial mechanisms that visit and inspect places of deprivation of liberty.89 With the
entry into force of the OP in June 2006, States parties to the CAT are provided with
an excellent opportunity to open up their prisons and detention centres to more transparency and independent monitoring by both the UN Subcommittee on Prevention
and so-called National Preventive Mechanisms (NPMs). Preventive visits to places of
detention have a double purpose. The very fact that national or international experts
have the power to inspect every place of detention at any time without prior announcement has a strong deterrent effect by shedding light on closed institutions. At
the same time, such visits create the opportunity for independent experts to examine,
at first hand, the treatment of prisoners and detainees and the general conditions of
detention. One may therefore conclude that the ratification of the OP by States parties to the CAT and the creation of independent national preventive mechanisms in
line with OPCAT and the Paris Principles constitute important measures in the sense
of Article 2(1) CAT.90
83
CAT/C/GC/2 (n 1) para 13; CAT/C/ARM/CO/3 (n 72) para 11. CAT/C/AZE/CO/3 (n 72) para 11;
CAT/C/MUS/CO/3 (n 73) para 10. CAT/C/PHL/CO/2 (n 72) para 7.
84
CAT/C/ARM/CO/3 (n 72) para 11; CAT/C/BLR/CO/4 (n 72) para 6.
85
Carver and Handley (eds), Does Torture Prevention Work? (Liverpool University Press 2016) 68.
86
Ramiro Ramírez Martínez et al v Mexico, No 500/2012 (n 42) para 17.5. For State obligations to ensure
conditions of detention in line with the Convention, see also Art 16, 3.4.
87
CAT/C/NOR/CO/6-7 (n 60) para 9.
88
Hilda Mariolyn Hernández Colmenarez and Francisco Arturo Guerrero Sánchez v Bolivarian Republic of
Venezuela, No 456/2011 (n 43) para 6.7.
89
90
CAT/C/GC/2 (n 1) para 13.
CAT/C/GC/2 (n 1) 13. See also below Art 11 and OPCAT.
Zach
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