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Resolution 2264 (2019)
Improving follow-up to CPT recommendations: enhanced role of the Parliamentary Assembly and of national parliaments
1. The Parliamentary Assembly reiterates
its appreciation for the outstanding work of the European Committee
for the Prevention of Torture and Inhuman or Degrading Treatment
or Punishment (CPT), which has led to significant improvements in
the conditions of detention in the States Parties to the European Convention
for the Prevention of Torture and Inhuman or Degrading Treatment
or Punishment (ETS No. 126, hereinafter “the convention”). The ongoing
work of the CPT clearly demonstrates, however, that more remains to
be done to make Europe a torture-free zone.
2. The Assembly has for many years developed its role in supporting
and promoting the work of the CPT. The Assembly frequently adopts
thematic resolutions relating to conditions of detention and the
prevention of torture and ill-treatment, an area that is also often
addressed in resolutions adopted in the context of the monitoring
procedure. In addition, the Committee on Legal Affairs and Human
Rights has developed the practice of holding an exchange of views
with the head of the delegation concerned, whenever the CPT issues a
public statement concerning a particular country.
3. National parliaments can play an essential role in the promotion
and protection of CPT standards, with numerous possibilities available
to parliamentarians who wish to be proactive in the review and implementation of
CPT recommendations, thus ensuring further transparency and accountability
for member States’ obligations relating to Article 3 of the European
Convention on Human Rights (ETS No. 5), and fostering the creation
of a deep-rooted human rights culture.
4. In this context, the Assembly recalls its Resolution 1823 (2011) “National
parliaments: guarantors of human rights in Europe”, in which it
called on parliaments to set up and/or reinforce structures that
would permit the mainstreaming and rigorous supervision of their
international human rights obligations, on the basis of the “Basic
principles for parliamentary supervision of international human
rights standards” appended to that resolution.
5. The Assembly therefore:
5.1. encourages
its Committee on Legal Affairs and Human Rights to:
5.1.1. further
develop its practice of holding an exchange of views with the head
of the delegation concerned whenever the CPT issues a public statement
concerning a particular country;
5.1.2. consider organising ad hoc thematic hearings on new standards
or outstanding issues originating in the work of the CPT;
5.1.3. discuss important CPT recommendations, even in the absence
of a public statement, in the event of persistent failure by a member
State, over a long period of time, to implement them;
5.2. encourages its Committee on Legal Affairs and Human Rights
and its Committee on the Honouring of Obligations and Commitments
by Member States of the Council of Europe to consider jointly inviting
the President of the CPT to an annual exchange of views during which
he or she could, inter alia,
present the CPT’s most recent annual report;
5.3. resolves to maintain a focus on the issue of conditions
of detention and prevention of torture and ill-treatment, including
through reports and participation in activities related to standard-setting
and implementation.
6. The Assembly invites the national parliaments of member States
to:
6.1. react promptly to CPT reports
concerning their own country, in particular by holding their government
to account for the timely implementation of CPT recommendations;
6.2. give priority to legislative reforms required to ensure
compliance with CPT recommendations;
6.3. appeal to their government to take immediate, effective
action in response to any public statements adopted by the CPT under
Article 10 of the convention concerning their country;
6.4. ensure that the mandate of the structure responsible for
the mainstreaming and rigorous supervision of the State’s international
human rights obligations, established in accordance with Resolution 1823 (2011),
includes promoting the implementation of CPT recommendations and
the review of CPT annual reports;
6.5. make CPT reports concerning their own country more accessible
by having them translated into the national language, where possible,
and making them available in the parliamentary documentation centre
and on their website;
6.6. liaise with national preventive mechanisms and any other
relevant national human rights structures on the implementation
of CPT recommendations;
6.7. consider organising a one-off review of the CPT’s recommendations
to identify evolutions in standards and outstanding recommendations
concerning their own countries, to mark the 30th year of the CPT’s
existence in 2019;
6.8. co-operate with the Assembly’s Parliamentary Project Support
Division in the organisation of activities intended to enhance the
parliament’s capacity to promote implementation of CPT recommendations;
6.9. appeal, when necessary, to their government to take all
necessary steps to ensure that nominations of CPT members are submitted
in a timely manner.
7. The Assembly invites the member States to:
7.1. co-operate fully with their
national parliament on the implementation of CPT recommendations;
7.2. agree in advance to the automatic publication of CPT visit
reports and related government responses, subject to the possibility
of delaying publication for a certain period in specific circumstances.
8. The Assembly invites Turkey to authorise immediately the publication
of the report of the second ad hoc visit of the CPT in 2016.