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THE EUROPEAN CONVENTION FOR THE PREVENTION OF TORTURE AND INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT & THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND DIGNITY OF THE HUMAN BEING WITH REGARD TO THE APPLICATION OF BIOLOGY AND MEDICINE: CONVENTION ON HUMAN RIGHTS AND BIOMEDICINE A) Introduction to the Conventions Introduction to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment 24 Open for signature by the member States of the Council of Europe, in Strasbourg, on 26 November 1987 and entered into force 1 February 1989. Prevention a priority In recent years the Council of Europe's efforts to guarantee human rights have laid increasing emphasis on preventing violations. Article 3 of the European Convention on Human Rights provides that "No one shall be subjected to torture or to inhuman or degrading treatment or punishment". The idea behind the drafting of the 1987 European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment was to prevent such ill-treatment of people deprived of their liberty. The Convention provides non-judicial preventive machinery to protect detainees. It is based on a system of visits by members of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). The Secretariat of the CPT forms part of the Council of Europe's Directorate of Human Rights. Independent experts The CPT's members are independent and impartial experts from a variety of backgrounds, including law, medicine, prison affairs and politics, elected for a four-year term by the Committee of Ministers, the Council of Europe's decision-making body. One member may be elected in respect of each Contracting State. A system of visits The CPT visits places of detention - e.g. prisons and places of youth detention, police stations, army barracks and psychiatric hospitals - to see how detainees are treated and, if necessary, to recommend improvements. However, the CPT is not empowered to deal with individual applications as these are the responsibility of the judicial bodies set up under the European Convention on Human Rights. Delegations, usually of two or more CPT members, visit for one or two weeks, accompanied by other experts, members of the Committee's Secretariat and interpreters. The member elected in respect of the country being visited does not join the delegation. Spot checks CPT delegations visit Contracting States periodically but may organise additional "ad hoc" visits if necessary. To date the CPT has made 87 periodic visits and 40 ad hoc visits. The Committee must notify the state concerned but need not specify the period between notification and the actual visit, which, in exceptional circumstances, may be carried out immediately after notification. Governments' objections to the time or place of a visit can only be justified on grounds of national defence, public safety, serious disorder, the medical condition of a person or that an urgent interrogation relating to a serious crime is in progress. In such cases the state must immediately take steps to enable the Committee to visit as soon as possible. Unlimited access Under the Convention, CPT delegations have unlimited access to places of detention and complete freedom of movement within them. They interview detainees without witnesses and have free access to anyone who can provide information. Their recommendations, if any, are included in a report, which is a basis for dialogue with the state concerned. This summary was taken from the CPT website at: http://www.cpt.coe.int/en/about.htm
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