CPT: 15TH GENERAL REPORT 9. The background to the ad hoc visit to Malta in June 2005 was the sharp and unprecedented increase in the number of illegal migrants arriving in the country since 2001, a situation which had placed a considerable burden on the Maltese authorities. Faced with critical reports of the conditions under which immigration detainees were being held and certain allegations of deliberate physical ill-treatment, the CPT had already carried out an ad hoc visit to Malta in January 2004. The main purpose of the Committee’s subsequent visit in June 2005 was to examine the manner in which its recommendations concerning the detention centres for foreigners had been implemented. Information was also sought on the inquiry into incidents in January 2005 at one of those centres (Safi Barracks), in the course of which a number of detainees had been injured. 7 During the ad hoc visit in July 2005, the CPT examined the practical operation of the 2005 Act and met various persons served with control orders under that legislation. Attention was also given to the treatment of persons detained in relation to offences under the Terrorism Act 2000; in this connection, the CPT’s delegation visited Paddington Green High Security Police Station and Belmarsh Prison. Further, the issue of “diplomatic assurances” in the context of deportation procedures was raised during talks with officials. The Committee’s delegation also went to Frankland Prison, in order to examine the situation of a person convicted by the International Criminal Tribunal for the former Yugoslavia who is serving his sentence in the United Kingdom. Further information about this specific monitoring activity is given in paragraphs 14 and 15 below. 10. The ad hoc visit to the North Caucasian region of Russia in November/December 2004 was the seventh organised by the CPT to this part of the Federation since 2000. To date, the reports on the Committee’s visits to the North Caucasian region have not been authorised for publication. However, the two public statements concerning the Chechen Republic issued by the CPT in July 2001 and July 2003 give a clear insight into the facts found by the Committee and its major concerns and recommendations. 12. The level of cooperation shown towards CPT visiting delegations by the competent national authorities continues, in general, to be very high. Meetings with Ministers and senior officials at the beginning and end of visits almost invariably take place in a constructive atmosphere. Further, in the great majority of cases at local level, CPT delegations enjoy rapid access to places visited and are provided with the information they need. During the 2004 visit, the CPT reviewed progress in tackling issues raised in the July 2003 public statement, in particular resort to torture and other forms of ill-treatment by members of the law enforcement agencies and federal forces, forced disappearances and impunity. In addition, the Committee examined for the first time the treatment of persons deprived of their liberty in the Republic of Ingushetia. At the outset of the visit, the CPT’s delegation went to School No. 1 in Beslan (North Ossetia-Alania) and paid homage to the victims of the terrorist attack which took place there in early September 2004. 13. That said, there are still isolated examples of a hostile reception and /or of attempts to disguise the true situation, in particular in certain law enforcement establishments. Members of CPT visiting delegations are not perturbed by discourteous, provocative or deceptive behaviour; however, such an attitude towards an international delegation hardly inspires confidence as to the manner in which the officials concerned treat persons in their custody. 11. The July 2005 ad hoc visit to the United Kingdom was in part a sequel to visits organised in February 2002 and March 2004. Those latter visits focused on the treatment of persons detained pursuant to Part IV of the Anti-Terrorism, Crime and Security Act 2001, which provided for the administrative detention for an indefinite period of foreign nationals suspected of being international terrorists. Following a House of Lords judgement of 16 December 2004, Part IV of the 2001 Act was abrogated and replaced by the Prevention of Terrorism Act 2005. More importantly, in the course of certain visits during the last twelve months, there were clear indications that some prisoners interviewed by the CPT’s delegation felt unable to speak freely because they had been warned against making any complaints and feared repercussions. Further, on occasion, allegations of actual reprisals have been received. It must be stressed that any kind of intimidating or retaliatory action against a person before or after he has spoken to a CPT delegation would be totally incompatible with the obligations of Parties to the Convention. If the CPT were to receive solid evidence of such action, it would consider making a public statement under Article 10, paragraph 2, of the Convention.

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