- 27 e)
Envisaging the gradual compilation of a corpus of standards on the treatment of persons
deprived of their liberty
95.
As indicated above (paragraph 5), in its daily practice the CPT draws upon an array of international
standards on the treatment of persons deprived of their liberty: both international treaties and the case-law
developed by the international bodies responsible for their implementation, and non-binding criteria, such as
the various sets of standards approved by the Council of Europe and the United Nations.
In spite of the wealth of material available, the CPT often finds that no clear guidance can be drawn
from it for the purpose of dealing with specific situations encountered by the Committee, or at least that more
detailed standards are needed. In relation to such situations, the CPT is feeling its way towards developing its
own "measuring rods", in the light of the experience of its members and of a careful and well-balanced
comparison of various systems of detention.
96.
The CPT does not rule out, and indeed is now considering the feasibility of, the gradual building up of
a set of general criteria for the treatment of persons deprived of their liberty. If it succeeds, over the years, in
distilling a body of such general standards, the CPT might at some future date decide to make them public, so
as to offer national authorities some general guidelines in relation to the treatment of persons deprived of their
liberty.
It goes without saying that if and when the CPT eventually decides to take such a step, it would in no
way be trying to play a legislative role, for which it was not created. It would simply be offering the relevant
national authorities some non-binding guidelines that might be of assistance in the context of the improvement
of the treatment and conditions of detention of persons deprived of their liberty.
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