CAT/OP/ECU/2
34. The Subcommittee noted that the authorities were unaware of the
recommendations made by the national preventive mechanism, with the exception of
the directors of the places of deprivation of liberty that were visited, with whom the
national preventive mechanism appears to have established a good cooperative
relationship. The national preventive mechanism informed the Subcommittee that it
has prepared 17 reports on its visits to places of deprivation of liberty. However, these
reports have not been published because the approval of the Ministry of Justice, which
administers the centres in question, had not been forthcoming.
35. During its last meeting with the authorities, and in the presence of the national
preventive mechanism, the Subcommittee emphasized that the mechanism’s reports
are key instruments of dialogue and cooperation. If the relevant authorities and
institutions do not respond to the reports within a reasonable time frame and the
reports are not published, the mechanism’s preventive function cannot be fulfilled and
its visibility suffers. The Subcommittee also emphasized that the authorities should
take steps to ensure that, as a rule, the reports of the national preventive mechanism
are published, with recourse to confidentiality being the exception.
36. The Subcommittee recalls that the principle of confidentiality set forth in
the Optional Protocol applies only to the activities of the Subcommittee, not to
the activities of national preventive mechanisms. The Subcommittee therefore
recommends that the publication of the national preventive mechanism’s visit
reports should be a matter of course, and that reports should be deemed to be
confidential in exceptional cases only. The national preventive mechanism should
therefore design a strategy for making use of its visit reports based on a serious
consideration of the value of publishing all or part of such reports, as
appropriate.
Multidisciplinary approach
37. At the time of the visit of the Subcommittee, the national preventive mechanism
was staffed by five professionals (a lawyer, a social worker, two psychologists and a
person in charge of international relations). At times, the doctor on the staff of the
Office of the Ombudsman or staff from the Directorate-General for Protection of the
Ombudsman’s Office might accompany staff from the preventive mechanism on visits
to centres of deprivation of liberty. Members of the national preventive mechanism
spoke to the Subcommittee of the need to secure the services of professionals from
other disciplines in order to enable it to carry out its preventive work effectively.
38. The Subcommittee wishes to emphasize that the State party, by virtue of article
18 (3) of the Optional Protocol, is legally bound to allo cate the necessary resources to
the mechanism. It is important to bear in mind that, in order for the national
preventive mechanism to be able to fulfil its functions, it needs to have a
multidisciplinary team that includes professionals from the medical, psychiatric, legal
and psychosocial fields.
39. Although the Subcommittee is aware that budgetary constraints have an
impact on the availability of additional staff, it recommends that the national
preventive mechanism diversify its staffing profile and explore the possibility of
taking creative steps to bolster its human resources, such as the introduction of
internship programmes or cooperative agreements with universities and civil
society organizations.
The national preventive mechanism and civil society
40. In its meetings with civil society organizations, the Subcommittee heard
criticisms of the way in which the Office of the Ombudsman deals with persons
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