Preventing Torture An Operational Guide for National Human Rights Institutions
4.2. Regional visiting bodies
4.2.1. The European Committee for the Prevention of Torture
The European Convention for the Prevention of Torture, adopted by the Council of Europe in 1987,
establishes the Committee for the Prevention of Torture.
The European Committee for the Prevention of Torture has a mandate to visit any place of detention in
all Member States of the Council of Europe. It can carry out two types of visits:
• periodic visits, which take place on a regular, five-year basis; the alphabetical list of countries to
be visited the following year is published at the end of the previous year
• ad hoc visits, which take place in response to a specific event and commonly occur at short
notice.
The European Committee can visit, at any time, any place where people are deprived of their liberty. This
includes places such as prisons and police cells, as well as psychiatric hospitals and homes for children
and older people. It can enter any institution that it chooses without restriction. It can communicate
freely and confidentially with people deprived of their liberty and with anyone else who may be able to
provide relevant information.
After its visit, the European Committee will prepare a report with recommendations, which is submitted
to the State for its response. Although this reporting process initially occurred confidentially, it has now
become accepted that States will authorize publication of the reports. It can also issue a public statement
if the Government does not cooperate (and has done so on five occasions).
In its general report of activities, the European Committee has also adopted a series of standards on
issues such as police custody, imprisonment, health care services in prisons, involuntary placement
in psychiatric establishments, young people deprived of their liberty, safeguards for irregular migrants
deprived of their liberty and combating impunity.
4.2.2. Visiting mechanisms in the Americas
The Inter-American Commission on Human Rights can carry out country visits to States parties to the
Inter-American Convention on Human Rights in order to investigate specific cases of human rights
violations.
In 2004, the Commission established the position of the Special Rapporteur on the Rights of Persons
Deprived of their Freedom, who has the right to carry out visits to places of detention “without prior
notice to prison authorities”.
The Special Rapporteur can also issue public reports and recommendations regarding a particular place
of detention, or a specific country or the region, as well as undertake follow-up visits.
4.2.3. The Special Rapporteur on Prisons and Conditions of Detention in Africa
This position was established by the African Commission on Human and Peoples’ Rights in 1996.
The Special Rapporteur has the mandate to examine the state of prisons in Africa and to make
recommendations to improve conditions. An annual report of the Special Rapporteur’s activities is
prepared and presented to the Commission.
4.2.4. Contribution of NHRIs to regional visiting bodies
NHRIs can provide independent information regarding the situation of torture in their country on a regular
basis to visiting bodies, or in advance of a country visit when this is known. Regional bodies usually
meet with NHRIs during their visit. This provides an important opportunity to present recent information
and exchange views about particular needs and priorities regarding torture prevention. NHRIs are also
80 | Chapter 7: Cooperating with international mechanisms