Preventing Torture A Study of the European

This pathbreaking documentary and empirical study considers in detail the work of the latest actor on the international stage attempting to prevent torture. The European Committee for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment (the CPT), established in 1989, represents a new phase in international human rights intervention. The authors, an international lawyer and a criminologist, bring their different analytical perspectives to bear on this innovative human rights mechanism.

Malcolm Evans is Reader in International Law at the University of Bristol.
Rod Morgan is Professor of Criminal Justice and Director of the Centre for Criminal Justice at the University of Bristol.

Table of Cases

xviii

(4)

Table of Principal Treaties, Declarations, Codes of Conduct, and other International Instruments

xxii

(4)

A Note on the Citation of CPT Documents

xxvi

(1)

List of Tables

xxvii

(1)

Abbreviations

xxviii

1 The Decline and Re-emergence of Torture

1

(25)

1 Torture in Ancient Times

1

(2)

2 Torture in the Roman-Canonical Tradition

3

(4)

3 The Enlightenment and the Emergence of the Modern State

7

(6)

4 Torture in the Twentieth Century: Re-emergence and Explanation

13

(8)

5 Explaining Contemporary Torture

21

(5)

2 Torture and the Liberal Democratic State: Three Modern Case Studies

26

(35)

1 Algeria 1954-62

27

(5)

2 Northern Ireland and the `Troubles' 1963-94

32

(9)

3 Israel

41

(11)

4 Conclusions: Classical and Contemporary Torture

52

(9)

3 The Prohibition of Torture and Inhuman or Degrading Treatment or Punishment

61

(45)

1 The Web of Prohibition: an Overview

61

(8)

2 Article 3 of the ECHR: Drafting the Text

69

(4)

3 Understanding Article 3 of the ECHR: 'Three in One' or `One in Three'?

73

(6)

4 The Thresholds of Suffering in the Jurisprudence of the ECHR

79

(19)

5 Article 3 and Ill-Treatment in Detention

98

(8)

4 The Origins and Drafting of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

106

(36)

1 Gautier and the Swiss Committee Against Torture

106

(6)

2 The Council of Europe

112

(5)

3 Drafting the Convention

117

(8)

4 The Perceived Scope of the Convention

125

(3)

5 Restrictions upon the Right of Visit

128

(5)

6 Other Issues

133

(6)

7 Conclusion

139

(3)

5 The CPT: Membership, Back-up Services, and Modus Operandi

142

(72)

1 The People Involved

143

(21)

2 The Organization of Visits

164

(27)

3 Conducting Visits

191

(5)

4 The CPT and the Mass Media

196

(2)

5 Reporting on Visits

198

(5)

6 Dialogue Conducted Following Visits

203

(11)

6 Findings of Ill-Treatment

214

(43)

1 CPT Reports: The Political Reality

214

(2)

2 Establishing Ill-Treatment

216

(6)

3 Physical Ill-Treatment in Police Custody: The Allegation and Risk Continua

222

(8)

4 Physical Ill-Treatment in Non-Police Settings

230

(3)

5 The Use of Terms: The Torture Threshold

233

(8)

6 The Use of Terms: Inhuman and Degrading Treatment

241

(6)

7 Some Specific Problems

247

(6)

8 Conclusions Regarding the CPT's Findings and Use of the Terms `Torture' and `Inhuman or Degrading'

253

(4)

7 Police Custody: Procedural Safeguards

257

(38)

1 The Principal Safeguards

257

(28)

2 Other Procedural Safeguards

285

(10)

8 Conditions of Detention

295

(21)

1 Methodological Issues

295

(9)

2 The Standards Applied: Police Custody

304

(3)

3 The Standards Applied: Imprisonment

307

(9)

9 Current Assessment and Future Prospects

316

(67)

1 Custodial Ill-treatment and Accountability in Contemporary Europe: the Need for the CPT

316

(18)

2 The ECPT: An Operational Assessment

334

(18)

3 Perceptions of the CPT

352

(10)

4 The Future Operations of the CPT

362

(18)

5 Conclusion

380

(3)

Appendix 1: Texts

383

(11)

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

383

(6)

B. Protocol No 1

389

(2)

C. Protocol No 2

391

(3)

Appendix 2: Explanatory Report

394

(15)

Appendix 3: Rules of Procedure

409

(13)

Appendix 4: Tables of Signatures and Ratifications

422

(4)

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

422

(1)

B. Protocol No 1

423

(1)

C. Protocol No 2

424

(2)

Appendix 5: Lists of CPT Visits and of Resulting Reports and Responses, 1990-97

426

(7)

A. In Alphabetical Order

426

(3)

B. In Date Order

429

(4)

Appendix 6: CPT Membership

433

(3)

Members of the CPT as at 31 December 1997

433

(3)

B. List of Past and Present Members and their Areas of Expertise

434

(2)

Appendix 7: CPT Statements of Standards

436

(18)

A. Some Substantive Issues: Police Custody and Imprisonment

436

(6)

B. Health Care Services in Prisons

442

(8)

C. Foreign Nationals Detained under Aliens Legislation

450

(4)

Appendix 8: CPT Document Citation

454

(4)

A. Table of CPT Visits, Reports, and State Responses

454

(3)

B. CPT General Reports

457

(1)

Bibliography

458

(11)

Index

469

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

Summary

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Table of Contents

Supplemental Materials