-4I.
MAIN FEATURES OF THE CPT
1.
Before reporting on the highlights of the CPT's activities during its first year of existence, it would
perhaps be useful to describe the CPT's salient features. This should prove particularly helpful in
differentiating the basis and aims of the CPT from those of two other Council of Europe supervisory bodies
within the field of human rights: the European Commission and European Court of Human Rights.
2.
Unlike the Commission and the Court, the CPT is not a judicial body empowered to settle legal
disputes concerning alleged violations of treaty obligations (i.e. to determine claims ex post facto).
The CPT is first and foremost a mechanism designed to prevent ill-treatment from occurring,
although it may also in special cases intervene after the event.
Consequently, whereas the Commission's and Court's activities aim at "conflict solution" on the legal
level, the CPT's activities aim at "conflict avoidance" on the practical level.
3.
The CPT's activities are based on the concept of co-operation (Article 3 of the European Convention
for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment; hereinafter referred to as
"the Convention"). The CPT's task is not to publicly criticise States, but rather to assist them in finding ways to
strengthen the "cordon sanitaire" that separates acceptable and unacceptable treatment or behaviour. In
fulfilling this task the CPT is guided by the following three principles:
4.
i)
that the prohibition of ill-treatment of persons deprived of their liberty is absolute,
ii)
that ill-treatment is repugnant to the principles of civilised conduct, even if used in milder
forms, and
iii)
that ill-treatment is not only harmful to the victim but also degrading for the official who
inflicts or authorises it.
The CPT first of all explores the prevailing factual situation in the countries it visits. In particular it:
i)
examines the general conditions in establishments visited;
ii)
observes the attitude of law enforcement officials and other staff towards persons deprived of
their liberty;
iii)
interviews persons deprived of their liberty in order to understand how they perceive (i) and
(ii) and hear any specific grievances they may have.