-7The 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;
iv)
examines the legal and administrative framework on which the deprivation of liberty is based.
Subsequently, the CPT reports to the State concerned, giving its assessment of all the
information gathered and providing its observations. In this regard, it should be recalled that the
CPT does not have the power to confront persons expressing opposing views or to take evidence
under oath. If necessary, it recommends measures designed to prevent the possible occurrence of
treatment that is contrary to what reasonably could be considered as acceptable standards for
dealing with persons deprived of their liberty.
In carrying out its functions, the CPT has the right to avail itself of legal standards contained
in not only the European Convention on Human Rights but also in a number of other relevant
human rights instruments (and the interpretation of them by the human rights organs concerned). At
the same time, it is not bound by the case law of judicial or quasi-judicial bodies acting in the same
field, but may use it as a point of departure or reference when assessing the treatment of persons
deprived of their liberty in individual countries.
To sum up, the principal differences between the CPT and the European Commission and
European Court of Human Rights are:
i)
the Commission and the Court have as their primary goal ascertaining whether breaches of
the European Convention on Human Rights have occurred. By contrast, the CPT's task is to
prevent abuses, whether physical or mental, of persons deprived of their liberty from
occurring; it has its eyes on the future rather than the past;
ii)
the Commission and Court have substantive treaty provisions to apply and interpret. The
CPT is not bound by substantive treaty provisions, although it may refer to a number of
treaties, other international instruments and the case law formulated thereunder;
iii)
given the nature of their functions, the Commission and the Court consist of lawyers
specialising in the field of human rights. The CPT consists not only of such lawyers but also
of medical doctors, experts in penitentiary questions, criminologists, etc;
iv)
the Commission and Court only intervene after having been petitioned through applications
from individuals or States. The CPT intervenes ex officio through periodic or ad hoc visits;
v)
the activities of the Commission and Court culminate in a legally binding finding as to
whether a State has breached its obligations under a treaty. The CPT's findings result in a
report, and, if necessary, recommendations and other advice, on the basis of which a
dialogue can develop; in the event of a State failing to comply with the CPT's
recommendations, the CPT may issue a public statement on the matter.
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