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Strengthening torture prevention mechanisms in
Europe

Resolution 1808 (2011)1

1.       The
Parliamentary Assembly, recalling its
Resolutions 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 action of high quality, 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 expedient 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 interests, 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 gain by speedy
systematic publication, together with the authorities’
comments. Virtually all states parties ask for the publication
of this information after varying intervals, but publication
allows timely commencement of the 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
actuated the national preventive mechanisms (NPMs) prescribed
by that instrument.

8.
National preventive mechanisms constitute a major innovation
in the direction of 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 wastage of limited
resources, is also imperative in the links between the CPT and
the activities envisaged by the European Union concerning the
actions which the latter contemplates 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
mechanisms 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 early as possible upon 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 States Parties to the Convention
concerned to appeal to their governments with regard to the
public statements adopted by the CPT under Article 10 of the
Convention in case of shortfall in 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
action 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 attainments and to use its know-how to create
synergies and avert overlaps in developing their actions to
improve conditions of detention in the member states of the
European Union.

1 Assembly debate on 14 April
2011 (17th Sitting) (see Doc.
12551, report of the Committee on Legal Affairs and Human
Rights, rapporteur: Mr Gardetto). Text adopted by the
Assembly on 14 April 2011 (17th Sitting).

See also
Recommendation 1968 (2011).

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