43.
With this procedure, the Committee seeks to advance the Convention’s requirement that
“each State party shall take effective legislative, administrative, judicial or other measures to prevent
acts of torture …” (art. 2, para. 1) and the undertaking “to prevent … other acts of cruel, inhuman
and degrading treatment or punishment …” (art. 16).
44.
The Rapporteur has expressed appreciation for the information provided by States parties
regarding those measures taken to implement their obligations under the Convention. In addition,
she has assessed the responses received as to whether all of the items designated by the Committee
for follow-up (normally between three to six recommendations) have been addressed, whether the
information provided responds to the Committee’s concern, and whether further information is
required. Where further information is needed, she writes to the State party concerned with specific
requests for further clarification. With regard to States that have not supplied the follow-up
information at all, she writes to solicit the outstanding information.
45.
Each letter responds specifically and in detail to the information presented by the State party,
which is given a formal United Nations document symbol number.
46.
Since the recommendations to each State party are crafted to reflect the specific situation in
that country, the follow-up responses from the States parties and letters from the Rapporteur
requesting further clarification address a wide array of topics. Among those addressed in the letters
sent to States parties requesting further information have been a number of precise matters seen as
essential to the implementation of the recommendation in question. A number of issues have been
highlighted to reflect not only the information provided, but also the issues not addressed but which
are deemed essential in the Committee’s ongoing work in order to be effective in taking preventive
and protective measures to eliminate torture and ill-treatment.
47.
In the correspondence with States parties, the Rapporteur has noted recurring concerns which
are not fully addressed in the follow-up replies. The following list of items is illustrative, not
comprehensive:
(a)
The need for greater precision on the means by which police and other personnel
instruct about and guarantee detainees their right to obtain prompt access to an independent doctor,
lawyer, and family member;
(b)
The importance of specific case examples regarding such access, and implementation
of other follow-up recommendations;
(c)
The need for separate, independent and impartial bodies to examine complaints of
abuses of the Convention because the Committee has repeatedly noted that victims of torture and
ill-treatment are unlikely to turn to the very authorities of the system allegedly responsible for the
acts;
(d)
The value of providing precise information such as lists of prisoners which are good
examples of transparency, but which often reveal a need for more rigorous fact-finding and
monitoring of the treatment of persons facing possible infringement of the Convention;
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