-6Preface
As the European Committee for the prevention of torture and inhuman or degrading
treatment or punishment is a new institution, knowledge of its mandate and functions is inevitably
limited. The CPT has therefore deemed it appropriate to begin the first of its reports to each Party
by setting out some of the Committee'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.
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.
This being so, the guiding maxim for the CPT when performing its obligations must be to
"extend the widest possible protection against abuses, whether physical or mental" (quotation from
the 1979 UN Code of conduct for law enforcement officials as well as from the 1988 Body of
Principles for the Protection of All Persons Under Any Form of Detention or Imprisonment, both
adopted by the General Assembly).
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). 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:
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 and ultimately prejudicial to the national authorities in general.
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