CAT/OP/ARM/2
46.
The Subcommittee recommends that members of the national preventive
mechanism explain clearly their mandate, their working methods and their interview
practices to the authorities. The Subcommittee is of the opinion that an appropriate
and complete presentation to the authorities, especially on the mandate and the
objective of the visit, has a didactic effect on the authorities and contributes to the
visibility and credibility of the mechanism. In addition, the visiting team should be
clearly identified as being part of the mechanism, i.e. its members should wear badges
or vests. A leaflet with information could also be provided to the authorities.
Interviews
47.
The Subcommittee is also concerned that members of the national preventive
mechanism have rarely introduced themselves to detainees in an appropriate manner. On
numerous occasions, members of the team have introduced themselves as coming from the
Human Rights Defender’s Office rather than the mechanism. The key principles of
confidentiality and the voluntary nature of the interview have not always been mentioned.
The Subcommittee is of the opinion that an appropriate and complete presentation builds
trust with the interviewees and facilitates communication and information-sharing. In
addition, the members of the visiting team have not always clearly identified themselves as
mechanism members or experts.
48.
The Subcommittee recommends that members of the national preventive
mechanism in charge of interviews introduce themselves to the persons deprived of
liberty by stating their name, their profession and the position they occupy within the
mechanism. The interviewer should explain the mandate of the mechanism, placing
particular emphasis on its preventive nature. He or she should also obtain the consent
of the interviewee and make it clear that the interview is confidential, voluntary and
can be interrupted at any time at the interviewee’s request. As indicated above,
members of the mechanism visiting a place of deprivation of liberty should also be
clearly identified.
49.
The Subcommittee also recommends that the national preventive mechanism
prepare a leaflet describing the mechanism’s mandate and working methods,
explaining the concept of informed consent and providing contact information. The
leaflet should also inform and encourage interviewees to report any reprisal they
might experience after the visit.
50.
During its visit to Armenia, the Subcommittee noted that some interviews were done
collectively; others took place in the presence of the institution’s staff or in rooms with
open doors. Detainees were often treated with condescendence. The interviewers should
concentrate on their task and not, for instance, take telephone calls during the visits. On
some occasions, members of the national preventive mechanism delegation showed
collusion and friendship with facility personnel, which must absolutely be avoided, as such
behaviour affects the credibility of the interviews and of the mechanism.
51.
As private interviews with persons deprived of their liberty are a basic aspect
of the preventive visits, as specifically stated in the Optional Protocol, the
Subcommittee recommends conducting private individual and unsupervised
interviews with detainees and employees of the host institution, as well as with the
medical personnel. In addition, the members of the visiting team must concentrate on
their tasks and interviewers must be fully focused on the meeting with the detainees;
there must be no manifestation of friendship with the staff of the institution visited,
nor must any be perceived. Finally, detainees have to be treated with humanity and
their private space within the cells should be respected.
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