CPT/Inf (2007) 39 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) 17th General Report on the CPT's activities covering the period 1 August 2006 to 31 July 2007 Strasbourg, 14 September 2007 The CPT is required to draw up every year a general report on its activities, which is published. This 17th General Report, as well as previous general reports and other information about the work of the CPT, may be obtained from the Committee's Secretariat or from its website: Secretariat of the CPT Council of Europe F-67075 Strasbourg Cedex, France Tel: +33 (0)3 88 41 20 00 Fax: +33 (0)3 88 41 27 72 E-mail: [email protected] Web: http://www.cpt.coe.int CPT: 17TH GENERAL REPORT 3 TABLE OF CONTENTS Page PREFACE................................................................................................................................................................ 5 ACTIVITIES DURING THE PERIOD 1 AUGUST 2006 TO 31 JULY 2007 ............................................... 6 Visits ....................................................................................................................................................... 6 Meetings and working methods .............................................................................................................. 9 Publications........................................................................................................................................... 10 ORGANISATIONAL MATTERS ..................................................................................................................... 11 The Convention establishing the CPT................................................................................................... 11 CPT membership................................................................................................................................... 11 Administrative and budgetary questions............................................................................................... 12 APPENDICES....................................................................................................................................................... 13 APPENDIX 1 The CPT’s mandate and modus operandi ........................................................................................ 14 APPENDIX 2 Signatures and ratifications of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (ECPT)........................................................ 15 APPENDIX 3 The CPT's field of operations........................................................................................................... 16 APPENDIX 4 State-by-State table showing the number of visits by the CPT, visit reports sent and reports published............................................................................................ 17 APPENDIX 5 Members of the CPT........................................................................................................................ 18 APPENDIX 6 Secretariat of the CPT ...................................................................................................................... 19 APPENDIX 7 Countries and places of detention visited by CPT delegations during the period 1 August 2006 to 31 July 2007............................................................................ 20 APPENDIX 8 Statement by the President of the CPT at the Parliamentary Assembly debate on the State of Human Rights and Democracy in Europe on 18 April 2007 ................................... 27 APPENDIX 9 Public statement concerning the Chechen Republic of the Russian Federation .............................. 29 CPT: 17TH GENERAL REPORT 5 PREFACE What had already been rumoured for some Naturally, the CPT is particularly concerned years to be the case was finally confirmed on by reports that certain of the above-mentioned secret 6 September 2006, at the most senior level possible. detention facilities were located in Europe, within the The Central Intelligence Agency of the United States Committee's own field of operations. In this context, has been holding and questioning, in secret locations the CPT has taken careful note of the conclusions overseas, a number of persons suspected of reached by the Parliamentary Assembly on 27 June involvement in acts of terrorism. 2007 (Resolution 1562 (2007)), in the light of a detailed report from its Committee on Legal Affairs It is disturbing, at the beginning of the and Human Rights. The CPT's mandate extends to all 21st century, to be obliged to recall basic principles forms of deprivation of liberty by a public authority long enshrined in both national and international law that occur within the jurisdiction of a Party to the and which one had assumed would be inviolate. ECPT, irrespective of whether the deprivation of Deprivation of liberty must be based upon grounds and liberty is lawful or not and regardless of the identity of procedures established by law, be formally recorded, the public authority involved. As has been and be open to review by a judicial authority. Further, demonstrated in the recent past, the CPT will act all persons deprived of their liberty by a public promptly upon any concrete and credible information authority should be held in facilities which are that it receives about possible unlawful detentions; officially recognised for this purpose and placed under anyone in possession of such information is invited to the responsibility of a clearly identifiable entity. The bring it to the attention of the Committee. practice of secret detention constitutes a complete repudiation of these principles. It is axiomatic that any allegations or information indicative of secret or other forms of Secret detention can certainly be considered to unlawful detention must be promptly and effectively amount in itself to a form of ill-treatment, both for the investigated by the competent authorities and that, person detained and for members of his or her family. when appropriate, proceedings must be brought against Further, the removal of fundamental safeguards which those responsible for such acts. In the experience of the secret detention entails - the lack of judicial control or CPT, this has not always been the case. of any other form of oversight by an external authority (such as the ICRC) and the absence of guarantees such The issue of secret detention is closely linked as access to a lawyer - inevitably heightens the risk of to that of extra-judicial transfers of persons from one resort to ill-treatment. And in the light of the jurisdiction to another, so-called "renditions". The information now in the public domain, there can be possible involvement of the security and intelligence little doubt that the interrogation techniques applied in services of Council of Europe member States in such the CIA-run facilities concerned have led to violations transfers forms the backdrop of an on-going inquiry by of the prohibition of torture and inhuman or degrading the Secretary General under Article 52 of the European treatment. Convention on Human Rights, and the matter is also being pursued by the Parliamentary Assembly. From All right-minded persons acknowledge that the standpoint of its mandate, the CPT is particularly resolute action is required to counter terrorism, and this concerned by the practice of rendition for the purposes may have to include some adaptations of the existing of detention and interrogation outside the normal legal framework. However, throwing overboard basic criminal justice system. Operations of this kind principles that characterise societies committed to inevitably involve a risk of ill-treatment for the person human rights and the rule of law can only invite concerned that no "assurances" can ever fully remove; ignominy. It has been claimed - by way of justification it follows that the authorities of Parties to the ECPT for these illegal practices - that information has been should never offer assistance in the context of such obtained that saved lives. Such claims are difficult to operations. More generally, the CPT wishes to stress verify; and even if they are true, there remains the that, as a matter of principle, all transfers of persons question whether the same (perhaps even more, and from one jurisdiction to another should take place in more reliable) information could not have been accordance with established legal procedures. obtained using legal methods. Moreover, allowing a State's response to degenerate in this way may well have immediate negative effects in terms of both individual and collective security; ultimately, it could weaken the very fabric of our societies. 6 CPT: 17TH GENERAL REPORT ACTIVITIES DURING THE PERIOD 1 AUGUST 2006 TO 31 JULY 2007 Visits 1. The CPT organised seventeen visits totalling The CPT was also very concerned in many of 157 days during the twelve-month period covered by the countries visited by the level of inter-prisoner this General Report. Of those visits, ten (totalling 111 violence, and it has called upon the authorities days) formed part of the CPT’s annual programme of concerned to draw up comprehensive plans to combat periodic visits and seven (46 days) were ad hoc visits this phenomenon. The Committee wishes to recall that which the Committee considered were required by the the duty of care which is owed by custodial staff to circumstances. those in their charge includes the responsibility to protect them from other inmates