WITNESS
Dr. Silvia Casale is the President of the CPT (European Committee for the Prevention of Torture), of which she has been the expert member in respect of the United Kingdom since 1997. The CPT is a treaty -based organisation with unfettered powers of monitoring all places of deprivation of liberty in the 46 European states parties to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. A criminologist specialising in the custodial field, Dr. Casale has lived and worked in the United States, Sweden, and England. A former member of the Parole Board for England and Wales, she has worked as an independent consultant to the U.K. Prisons Inspectorate since 1985, inspecting prisons and contributing to thematic reviews. As a Northern Ireland Sentence Review Commissioner, she is responsible for determining when prisoners sentenced for terrorist offences shall be released under the Good Friday Agreement.
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STATEMENT
For this examination of transparency in custodial systems as a means of protecting against abuse and ensuring safety, I shall concentrate on key elements of the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) - the international oversight mechanism with a mandate to examine abuse and safety in all places where people are deprived of liberty in Europe, including prisons and gaols.
How might the CPT experience be relevant to the American context? The American experience has certainly been important for us in Europe: long before our prison systems had developed codes of standards or had applied modern management approaches to prisons, the USA was making progress in this direction. We learned much from the example of the American Correctional Association and its early development of standards for managing and monitoring prisons.
In Europe, oversight mechanisms have gradually developed, at the international, the national and the local level. Mistakes have been made along the way, but workable systems are emerging. Perhaps these developments can inform the debate in the US on safety and abuse in custody, on the theory that one can learn from other people's errors as well as from their successes. Clearly a facile transposition to the US context would be unhelpful; yet a consideration of the distinguishing features of international oversight in the European region may stimulate further thought about what elements are fundamental to all effective monitoring.
I shall highlight the distinguishing features of the CPT mechanism: legal mandate, independence, expertise, impartiality, powers of access and powers of enforcement, within the important context of shared values and principles which have slowly been developing in Europe since the Second World War. These features are inter-linked and their relationship dynamic; they require constant testing and reinforcing.
Excerpted from a written statement submitted to the Commission
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