Doc. 8198
16 September 1998

Local committees to visit police stations

Motion for a recommendation

presented by Mrs Gelderblom-Lankhout and others

This motion has not been discussed in the Assembly and commits only the members who have signed it

      The Assembly pays tribute to the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) which is doing a sterling job in the Contracting States visiting prisons, police stations and detention centres.

      However, the CPT cannot be expected to be able to visit more than a percentage of prisons, police stations and pre-trial centres in the Contracting States in the course of a year.

      Experience shows that detainees are at their most vulnerable in the period immediately following their arrest. This period is spent mainly at police stations.

      Violations of human rights, such as ill-treatment or even torture, but also denying the right to consult a lawyer or inform his family, depriving him of sleep or adequate food; may occur in the period immediately following arrest and during pre-trial detention.

      In some member states local authorities have set up local committeers of citizens having the authority to visit any police station at any time in their region.

      The Assembly considers that these experiences could be extended to other member states.

      The Assembly recalls that any person arrested must be considered innocent until his guilt of any criminal offence is established by an independent court.

      For this reason the Assembly recommends that the Committee of Ministers

i.       collect information on experiences of this kind of local committee existing in member countries;

ii.       subsequently invite member states where such committees do not yet exist to establish this kind of local committee empowered to visit police stations;

iii.       draw up the guiding principles for the functioning of these local committees.

Signed : ¹

Gelderblom-Lankhout, Netherlands, LDR

Akçali, Turkey, EDG

Columberg, Switzerland, EPP/CD

Gatterer, Austria, EDG

Hagard, Sweden, EDG

Jansson, Finland, LDR

Jaskiernia, Poland, SOC

Lopez Henares, Spain, EPP/CD

Magnusson, Sweden, SOC

Schwimmer, Austria, EPP/CD

Wohlwend, Liechtenstein, EPP/CD

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      EDG: European Democratic Group

      LDR : Liberal, Democratic and Reformers’ Group

      UEL: Group of the Unified European Left

      NR: not registered in a group