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Resolution 1808 (2011)
Strengthening torture prevention mechanisms in Europe
1. The Parliamentary Assembly, recalling
its Resolution 1248 (2001) on
the European Committee for the Prevention of Torture (CPT): composition
and Resolution 1540 (2007) on
improving selection procedures for CPT members, stresses the paramount
importance among fundamental rights of the prohibition of torture
and inhuman and degrading treatment (Article 3 of the European Convention
on Human Rights (ETS No. 5)).
2. It congratulates the European Committee for the Prevention
of Torture and Inhuman or Degrading Treatment or Punishment (CPT)
on its high-quality work, sustained by faultless dedication for
over twenty years. The CPT constitutes one of the Council of Europe’s
greatest successes.
3. To carry out their difficult task, the members of the CPT
must have high professional qualifications and personal merits.
The election of the CPT members by the Assembly would vest them
with enhanced democratic legitimacy and authority, with the outcome
that the candidates on the lists forwarded by the national delegations
would henceforth be evaluated in the same body as the one making
the final choice.
4. In the meantime, it is necessary to further improve the procedures
for shortlisting candidates at national level, in line with the
indications contained in Resolution
1540 (2007). In addition, the Assembly shall provide the
Committee of Ministers, where necessary, with reasons for its recommendation.
If it is considered that a candidate may have a conflict of interest,
the person in question shall be required to undertake in writing
that, if elected, he or she will relinquish the functions that may
give rise to such a conflict.
5. The public statements which the CPT adopts by a two-thirds
majority in the event of a shortfall in co-operation by the authorities
of a state party are of very special importance due to their exceptional
character. These infrequent cries of alarm should, as a matter of
course, prompt a debate in the Committee of Ministers and the national
parliament concerned. The Assembly’s Sub-Committee on Human Rights
is also invited to enter into a dialogue with the national delegation
in question and to seize, if necessary, the Committee on Legal Affairs
and Human Rights.
6. The principle of the confidentiality of the CPT’s work aids
its close co-operation with the national authorities. But the final
reports following the CPT’s visits would benefit from speedy systematic
publication, together with the authorities’ comments. Almost all
states parties ask for the publication of this information after varying
intervals, but timely publication allows for the commencement of
public debate on the problems noted and the ways to solve them.
The Russian Federation alone is still reluctant to do so.
7. The Assembly regrets that the Optional Protocol to the United
Nations Convention against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment (OPCAT) has not yet been ratified by all
Council of Europe member states, and that not all the member states
which have ratified it have as yet implemented the national preventive
mechanisms prescribed by that instrument.
8. National preventive mechanisms constitute a major innovation
in the move towards subsidiarity. They should be fully independent
and provided with adequate resources, including the legal, medical
and other expertise crucial to the tasks of on-site prevention and
monitoring.
9. The Assembly welcomes the efforts made within the Council
of Europe to create synergies between the CPT on the one hand and
the OPCAT-based mechanisms on the other, and to pool their relevant
experience.
10. A similar approach, avoiding overlaps and the wasting of limited
resources, is also imperative in the links between the CPT and the
European Union concerning activities envisaged by the latter to
improve the conditions of detention in its member states.
11. The Assembly therefore invites:
11.1. the Council of Europe member states which have not yet
done so to sign and ratify the OPCAT and to designate an independent
and adequately resourced national preventive mechanism as soon as possible;
11.2. the States Parties to the European Convention for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment
(ETS No. 126) to:
11.2.1. amend the convention, via the
Committee of Ministers, to allow:
11.2.1.1. the election of
CPT members by the Parliamentary Assembly;
11.2.1.2. automatic publication of the visit reports, and of the
comments of the parties concerned, providing the possibility for
each party to request a postponement of publication for up to six
months following transmission;
11.2.2. make a general request for future CPT visit reports to
be published as soon as possible after transmission, except in special
cases where the party concerned objects;
11.3. the national delegations to the Assembly to make the procedures
for selecting candidates to the CPT more transparent and better
suited to the needs of the CPT, according to the indications in Resolution 1540 (2007);
11.4. the parliaments of the concerned states parties to the
convention to appeal to their governments with regard to the public
statements adopted by the CPT under Article 10 of the convention
in case of insufficient co-operation or refusal to improve matters
in the light of the CPT’s recommendations;
11.5. the Council of Europe Commissioner for Human Rights to
acquaint himself with the follow-up taken on the findings of the
CPT on the occasion of the Commissioner’s visits to the state concerned, and
to keep a watchful eye on the CPT’s public statements;
11.6. the CPT to continue its co-operation based on seeking
synergies and pooling experiences with the mechanisms prescribed
by the OPCAT, particularly assistance in the development of national preventive
mechanisms;
11.7. the competent European Union institutions to make reference
to the CPT’s achievements and to use its know-how to create synergies
and avoid overlaps in developing their actions to improve conditions
of detention in the member states of the European Union.