European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment is the Council of Europe Convention, adopted in 1987 and entered into force upon ratification by its seven countries in 1989. In 1993, two additional protocols were adopted to the Convention that amend it and entered into force in 2002 (after ratification by all countries party to the Convention) as integral parts of the Convention. Parties to the convention ^[1] and both protocols for 2015 are all 47 member states of the Council of Europe.

The Convention provides for an extrajudicial mechanism to prevent ill-treatment of persons deprived of their liberty. This mechanism is based on visits to selected countries by members of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CAT).

In its detailed recommendations to the relevant authorities of the member states of the Council of Europe, the Committee has consistently developed a whole set of standards according to which an assessment can be made of the conditions of detention of persons deprived of their liberty. This kit includes concepts such as a guarantee of legal protection against ill-treatment at police stations, conditions and regimes in prisons, and mechanisms to prevent the return of detained or convicted immigrants to countries where they are at risk of torture or ill-treatment.

The activities of the Committee are not limited to visits to prisons. Committee members can visit any place where persons deprived of their liberty are. Such places are police stations, psychiatric hospitals, places of detention in military units, places of detention of detained foreigners and children's reception centers.

The Convention is monitored by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. The committee includes one expert from each country party to the Convention, they are usually elected for four years (variations from two to six years are possible). The Committees are selected by the CE Committee of Ministers from three candidates nominated by the delegation of the respective country in PACE.

In general, the activities of the Committee are confidential, in accordance with article 11, and reports of the Committee are published only with the consent of the country concerned. According to article 10, if the state does not enter into cooperation or refuses to rectify the situation in the light of the recommendations of the Committee, the Committee may, having given the opportunity to the state to state its position, take a two-thirds majority decision to make a public statement on this issue. For 2015, the Committee resorted to such a tool seven times, having made: three statements on Russia (all related to Chechnya), two on Turkey, one on Greece and Bulgaria ^[2] .