CAT/OP/MKD/2
elaborating and distributing material on its mandate and activities in places of
deprivation of liberty, to the relevant public authorities, civil society, lawyers, the
judiciary and the general public. That should include wider distribution of its reports
in general. The mechanism should clearly be identified as such in all its meetings,
written communications with the authorities and visits to places of deprivation of
liberty. A full presentation to the authorities during visits, especially on the mandate
and objective of the visit will contribute to the visibility and effectiveness of the
mechanism. In addition, the visiting team should be clearly identified as being from
the mechanism, (for example wearing badges or vests) and should provide an
information leaflet to the authorities concerned.
B.
Recommendations on methodological issues relating to visits
23.
In order to advise and assist the national preventive mechanism on its task of
protecting persons deprived of their liberty, the Subcommittee makes the following
recommendations concerning preparations for visits to places of detention, the methods to
be used during such visits and the steps to be taken following their completion. In general,
the Subcommittee compliments the mechanism for its visit methodology.
Prior to the visit
Procedures
24.
The Subcommittee notes that since April 2010, the national preventive mechanism
has had an agreed methodology, but considers that it is not sufficiently comprehensive.
25.
While acknowledging the challenges faced by the national preventive
mechanism, as mentioned above, the Subcommittee recommends that it update its
methodology to reflect current best practices, as specified by the United Nations
Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules).
That could include how to conduct private interviews, how to deal with vulnerable
groups and how to assess registers, when to conduct individual or group interviews,
the handling of security issues, ensuring confidentiality, defining the role of each
member of the visiting team and the handling of reprisals.
26.
While recognizing that under its 2010 methodology, conversations with persons
deprived of their liberty are confidential, the Subcommittee is concerned that the national
preventive mechanism does not have clear guidelines for maintaining the confidentiality of
conversations with detainees and other sources of information. The principle of
confidentiality in relation to the work of national preventive mechanisms is outlined in
article 21 (2) of the Optional Protocol, which indicates that confidential information
collected by national preventive mechanisms shall be privileged and that no personal data
shall be published without the express consent of the person concerned.
27.
The Subcommittee recommends that the national preventive mechanism
develop guidelines for maintaining the confidentiality of conversations with the
detainees concerned and any other source of information, in accordance with the
compilation of advice provided by the Subcommittee in response to requests from
national preventive mechanisms (CAT/C/57/4, annex).
28.
While the Subcommittee recalls that the State party has the primary responsibility
for ensuring that no one who comes into contact with the national preventive mechanism
suffers reprisals, sanctions or intimidation, it is concerned at the lack of clear guidelines for
protecting persons deprived of their liberty against reprisals.
29.
The Subcommittee recommends that the national preventive mechanism
develop guidelines on reprisals, in line with the policy of the Subcommittee on
reprisals in relation to its visiting mandate (CAT/OP/6/Rev.1), which could include an
information note that could be handed out during visits and the appointment of a
focal point on reprisals for each visit.
6