8
Monitoring on behalf of the
International Criminal Tribunal
for the former Yugoslavia (ICTY)
14.
In the course of 1999, the ICTY requested that
the CPT accept the task of monitoring, in certain
States, the treatment of persons serving sentences
imposed by the Tribunal. Following consultation of the
Committee of Ministers of the Council of Europe, an
exchange of letters between the Tribunal and the CPT
regulating this question was finalised in November
2000; those letters are reproduced in Appendix 5 of the
Committee’s 11th General Report (CPT/Inf (2001) 16).
In brief, it was understood that, following its written
approval, the CPT could be designated to monitor the
conditions of detention and treatment of persons
convicted by the ICTY, in a State which had agreed to
accept the transfer of the prisoners concerned for the
purpose of the enforcement of their sentences.
15.
The exchange of letters was activated in the
context of an Enforcement Agreement concluded
between the United Kingdom and the ICTY in 2004.
The first transfer of a prisoner under that Agreement
occurred on 20 December 2004, and the treatment and
conditions of detention of the person concerned were
monitored by the CPT during the Committee’s ad hoc
visit to the United Kingdom in July 2005.
Meetings and working methods
16.
The CPT held three one-week plenary
sessions during the twelve months covered by this
General Report – in November 2004, and March and
July 2005. A total of seventeen visit reports were
adopted by the Committee at these three meetings, ten
of them according to the expedited procedure (under
which draft visit reports circulated at least two weeks
before a plenary session are adopted without debate,
save for paragraphs in respect of which a discussion
has been specifically requested in advance).
Besides the adoption of visit reports, plenary
sessions are the occasion to review the ongoing
dialogue with Parties to the Convention, hold thematic
discussions on issues related to the CPT’s mandate and
prepare future visits. Much of this activity takes place
in the context of subgroups of the Committee –
delegations responsible for visits, the medical group,
the
working
group
on
the
Committee’s
“jurisprudence”, etc.
CPT: 15TH GENERAL REPORT
17.
The CPT seeks to enrich its discussions at
plenary sessions by inviting outside speakers. Recent
guests have included Sir Nigel RODLEY (member of
the UN Human Rights Committee and former UN
Special Rapporteur on the question of torture) and
Judges Josep CASADEVALL and Françoise
TULKENS of the European Court of Human Rights.
The CPT plans to hold an exchange of views later this
year with the present UN Special Rapporteur on the
question of torture, Mr Manfred NOWAK.
The Committee also had a fruitful exchange of
views with the Secretary General, Mr Terry DAVIS,
during its November 2004 meeting, the first CPT
plenary after he took office.
18.
More generally, the CPT remains keen to
promote synergy with other bodies on issues related to
its mandate, both within and outside the Council of
Europe.
The CPT was very pleased to be able to
contribute to the work of Council of Europe
committees concerning the revision of the European
Prison Rules and the preparation of guidelines on the
forced return of foreign nationals. Some specific
comments on these matters will be made later in this
report. The Committee also welcomes the invitation it
received to make a presentation at the Seminar on the
protection of human rights in the fight against
terrorism, organised by the Steering Committee for
Human Rights (CDDH) and held in Strasbourg in June
2005. The CPT follows closely the work of the
Parliamentary Assembly, and there are regular contacts
between the Committee’s Secretariat and the staff of
the Human Rights Commissioner, Mr Alvaro GILROBLES. The increasing number of references to CPT
reports in judgements of the European Court of Human
Rights should also be highlighted; of course, this latter
development has been made possible by States
agreeing to lift the veil of confidentiality and place
CPT material in the public domain.