Preventing Torture In Europe

A comprehensive insight into the valuable work carried out by one of the Council of Europe’s highly influential mechanisms, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). Since its inception in 1989, specialist members of the CPT (lawyers, prosecutors, prison experts, doctors, psychiatrists, etc.) have visited thousands of police stations, prisons, immigration detention centres, psychiatric hospitals and other places of detention all over Europe, to monitor the living conditions (hygiene, provision of food and drink, health care, etc.) of those being detained. Following these visits, the CPT issues reports suggesting improvements and laying down standards. The purpose of this book is twofold. In the first part, the authors explain the background and origins of the CPT, its membership and modus operandi, as well as how it interacts with other bodies, such as the UN’s Subcommittee on Prevention of Torture (SPT) and the national preventive mechanisms (NPMs). In the second part, the authors describe the CPT’s key findings and standards in the main situations of deprivation of liberty (police, prison, immigration detention, mental health and social care). In a detailed appendix, the authors provide summaries of the key CPT findings for the 47 states visited by the CPT.

Set up in 1989, specialist members of the Committee, including doctors and lawyers, have visited places of detention, prison and psychiatric hospitals throughout Europe to monitor the living conditions of those being detained. Following these visits, the committee has published reports suggesting improvements and laying down standards. This book provides a clear and comprehensive insight into the work carried out by one of the Council of Europe's highly influential non-judicial committees. Issues discussed include: the framework of the European Convention for the Prevention of Torture and the mandate of the Committee; the key terms used and the safeguards the Committee has recommended to be adopted by states; the impact of the Committee's work and possible options for the future. The book also contains the text of the Convention, the Protocols, and explanatory notes.

PArt I: The CPT

In the 19th century the prohibition of judicial torture was celebrated as a triumph of civilisation. But in the aftermath of the 2nd World War it was necessary for the International community to re-emphasise, in the Universal Declaration of Human Rights, its abhorrence of torture: theproscription of torture became part of international customary law. But torture by agents of contemporary states persists, not least in the heart of Europe where reliance on the use of custody is growing once again. This pathbreaking documentary and empirical study - of a kind rarely undertaken inthe field of international human rights law - considers in detail the work of the latest actor on the international stage attempting to prevent torture. The European Committee for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment (the CPT), established in 1989, represents anew phase in international human rights intervention. The Council of Europe member states have given a Strasbourg-based Committee of experts an almost unfettered hand to examine their places of custody and report on what they find. The authors, an international lawyer and a criminologist, bringtheir different analytical perspectives to bear on this innovative human rights mechanism. The authors consider the nature of torture in the late 20th century and, given the pervasive culture of denial, the difficulties in combating it. They argue that utilitarian justifications for torture lurkjust beneath the surface of modern liberal democratic state practice. They describe the background to the European Convention for the Prevention of Torture, examine the text and the modus operandi of the Committee, set the CPT's standards against those of other international bodies and discuss howthe work of the Committee should best be carried forward in an enlarged and increasingly diverse European community of nations.

Parties to the Charter.

Preventing Torture comprises a documentary and empirical study of the European Convention for the Prevention of Torture and the work of the Committee (the CPT) established under it.

On cover: Convention opened for signature on 26 November 1987

The Yearbook of the European Convention for the Prevention of Torture offers an essential annual overview of developments in relation to the ECPT. Part One contains general information. Part Two is about the European Committee for the prevention of torture and inhuman or degrading treatment or punishment (CPT). Part Three is a general report on the activities of the European Committee for the prevention of torture and inhuman or degrading treatment or punishment. Part Four contains reports on visits by the European Committee for the prevention of torture and inhuman or degrading treatment or punishment and responses of governments. Bilingual: English and French; 2-volume set.