and Other Cruel, Inhuman or Degrading Treatment or Punishment

32
GE.16-14845 (E) 260916 280916 Meeting of the States parties Sixth meeting Geneva, 27 October 2016 Item 5 of the provisional agenda Election, in accordance with articles 7 and 9 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, of 12 members of the Subcommittee on Prevention of Torture to replace those whose terms are due to expire on 31 December 2016 Election of 12 members of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Note by the Secretary-General 1. In accordance with articles 7 and 9 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the sixth meeting of the States parties to the Optional Protocol will be held at the United Nations Office at Geneva on 27 October 2016, for the purpose of electing 12 members of the Subcommittee on Prevention from a list of persons nominated by States parties (sect. II), to replace those whose terms of office will expire on 31 December 2016 (sect. I). Thirteen members will continue to serve on the Subcommittee until 31 December 2018 (sect. III). 2. In addition, in compliance with paragraph 12 of General Assembly resolution 68/268, the current situation with respect to the composition of the Subcommittee, reflecting the balance in terms of geographical distribution, gender representation and different legal systems, as well as the tenure of current members, is contained in sections I and III of the present document; the biographical data, including in respect of professional background, of current members can be found on the web page of the Subcommittee (www.ohchr.org/EN/HRBodies/OPCAT/Pages/Membership.aspx). 3. In paragraph 13 of its resolution 68/268, the General Assembly encouraged States parties, in the election of treaty body experts, to give due consideration, as stipulated in the relevant human rights instruments, to equitable geographical distribution, the representation of the different forms of civilization and the principal legal systems, balanced gender representation and the participation of experts with disabilities in the membership of the human rights treaty bodies. United Nations CAT/OP/SP/14 Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 26 August 2016 Original: English

Transcript of and Other Cruel, Inhuman or Degrading Treatment or Punishment

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GE.16-14845 (E) 260916 280916

Meeting of the States parties Sixth meeting

Geneva, 27 October 2016

Item 5 of the provisional agenda

Election, in accordance with articles 7 and 9 of the Optional

Protocol to the Convention against Torture and Other Cruel,

Inhuman or Degrading Treatment or Punishment, of

12 members of the Subcommittee on Prevention of Torture to replace

those whose terms are due to expire on 31 December 2016

Election of 12 members of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Note by the Secretary-General

1. In accordance with articles 7 and 9 of the Optional Protocol to the Convention

against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the sixth

meeting of the States parties to the Optional Protocol will be held at the United Nations

Office at Geneva on 27 October 2016, for the purpose of electing 12 members of the

Subcommittee on Prevention from a list of persons nominated by States parties (sect. II), to

replace those whose terms of office will expire on 31 December 2016 (sect. I). Thirteen

members will continue to serve on the Subcommittee until 31 December 2018 (sect. III).

2. In addition, in compliance with paragraph 12 of General Assembly resolution

68/268, the current situation with respect to the composition of the Subcommittee,

reflecting the balance in terms of geographical distribution, gender representation and

different legal systems, as well as the tenure of current members, is contained in sections I

and III of the present document; the biographical data, including in respect of professional

background, of current members can be found on the web page of the Subcommittee

(www.ohchr.org/EN/HRBodies/OPCAT/Pages/Membership.aspx).

3. In paragraph 13 of its resolution 68/268, the General Assembly encouraged States

parties, in the election of treaty body experts, to give due consideration, as stipulated in the

relevant human rights instruments, to equitable geographical distribution, the representation

of the different forms of civilization and the principal legal systems, balanced gender

representation and the participation of experts with disabilities in the membership of the

human rights treaty bodies.

United Nations CAT/OP/SP/14

Optional Protocol to the Convention against Torture

and Other Cruel, Inhuman or Degrading Treatment or Punishment

Distr.: General

26 August 2016

Original: English

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2 GE.16-14845

I. Members of the Subcommittee whose terms expire on 31 December 2016

4. The professional backgrounds, legal systems and further biographical data of the

members may be found on the web page of the Subcommittee, under “Membership”, by

clicking on the name of the individual members (see www.ohchr.org/EN/HRBodies/

OPCAT/Pages/Membership.aspx).

Member Country of nationality Member since

Mr. Hans-Jörg Viktor Bannwart Switzerland 1 January 2013

Sir Malcolm Evans* United Kingdom of

Great Britain and

Northern Ireland

24 August 2009

Mr. Enrique Andrés Font Argentina 1 January 2013

Ms. Lowell Patria Goddard New Zealand 1 January 2011

Ms. Suzanne Jabbour Lebanon 1 January 2011

Mr. Miloš Janković Serbia 1 January 2013

Mr. Paul Lam Shang Leen Mauritius 1 January 2011

Ms. June Caridad Pagaduan Lopez Philippines 1 January 2013

Mr. Víctor Madrigal-Borloz Costa Rica 1 January 2013

Ms. Margarete Osterfeld* Germany 6 January 2014

Ms. Maria Margarida E. Pressburger Brazil 1 January 2011

Mr. Victor Zaharia Republic of Moldova 1 January 2013

* Appointment to replace a member who had resigned, in accordance with article 8 of the Optional

Protocol.

II. Persons nominated by States parties

5. In accordance with the procedure set out in article 6 (3) of the Optional Protocol, the

Secretary-General, in a note verbale dated 12 May 2016, invited the States parties to submit

their nominations for the election of 12 members of the Subcommittee by 12 August 2016.

All the curricula vitae received by that deadline, as provided by the States parties concerned,

are included in the present document (see annex). Addenda to the present note will be

issued for nominations received after the deadline.

6. Pursuant to article 6 (3) of the Optional Protocol, listed below, in alphabetical order,

are the names of the persons nominated for election to the Subcommittee, and the States

parties that nominated them.

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Candidate Nominated by

Mr. Djibril Abarchi Niger

Mr. Hans-Jörg Viktor Bannwart Switzerland

Mr. Satyabhoosun Gupt Domah Mauritius

Sir Malcolm Evans United Kingdom of Great Britain and Northern

Ireland

Ms. María Dolores Gómez Argentina

Mr. Abdoulaye Kanni Niger

Ms. June Caridad Pagaduan Lopez Philippines

Mr. Petros Michaelides Cyprus

Mr. Kosta Dragan Mitrovic Serbia

Ms. Margarete Osterfeld Germany

Mr. Abdallah Ounnir Morocco

Ms. Zdenka Perović Montenegro

Mr. Haimoud Ramdan Mauritania

Mr. Marat Sarsembayev Kazakhstan

Mr. Victor Zaharia Republic of Moldova

III. Members who will continue to serve on the Subcommittee until 31 December 2018

7. The professional backgrounds, legal systems and further biographical data of the

members may be found on the web page of the Subcommittee, entitled “Membership”, by

clicking on the name of the individual members: www.ohchr.org/EN/HRBodies/OPCAT

/Pages/Membership.aspx.

Member Country of nationality Member since

Ms. Mari Amos Estonia 1 January 2011

Mr. Arman Danielyan Armenia 1 January 2011

Ms. Marija Definis-Gojanovic Croatia 1 January 2015

Mr. Roberto Michel Fehér Pérez Uruguay 1 January 2015

Mr. Emilio Ginés Santidrián* Spain 13 July 2009

Ms. Lorena González Pinto Guatemala 1 January 2015

Mr. Gnambi Garba Kodjo Togo 1 January 2015

Ms. Aisha Shujune Muhammad Maldives 1 January 2011

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Member Country of nationality Member since

Ms. Radhia Nasraoui Tunisia 1 January 2015

Ms. Catherine Paulet* France 27 January 2014

Ms. Aneta Stanchevska The former Yugoslav Republic

of Macedonia

1 January 2011

Ms. Nora Sveaass Norway 1 January 2015

Mr. Felipe Villavicencio Terreros Peru 1 January 2011

* Appointment to replace a member who had resigned, in accordance with article 8 of the Optional

Protocol.

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Annex*

Djibril Abarchi (Niger)

[Original: French]

Date and place of birth

1 January 1953, Angoal-Taoura, the Niger

Working languages

French

Professional background

1 January 1991 to date: lecturer/researcher at the Faculty of Economic and Legal Sciences,

Niamey; lecturer in private law (accredited by the African and Malagasy Council on Higher

Education); 1 January 2013-31 December 2014: director of legislation and legal affairs at

the National Assembly of the Niger; September 2006-April 2010: director of university

student services; contributed to the drafting of several basic laws and codes of the Niger.

Educational background

Accreditation to supervise research, University of Orléans, France (December 2000); PhD

in private law, University of Orléans, France (December 1990); Master of Advanced

Studies in private law, University of Orléans, France (1987); Master’s degree in law,

Faculty of Economic and Legal Sciences, Niamey (1985).

Current position/function

Lecturer in private law (accredited by the African and Malagasy Council on Higher

Education) at the Law Faculty, Niamey; member of the Scientific Council at Abdou

Moumouni University, Niamey; member of the Scientific and Teaching Council at the

Doctoral School (Humanities and Social Sciences).

Main professional activities

Teaching private law and criminal law, among other subjects, at the faculty; supervision of

research work.

Other main activities in the field relevant to the mandate of the Subcommittee on

Prevention of Torture

Human rights activist since April 1991 with the Niger Association for the Protection of

Human Rights, in which I have served successively as deputy secretary general, vice-

president and, since December 2012, president; co-author of a publication entitled “Droits

de l’homme au Niger : Théorie et réalités” (Human rights in the Niger: Theory and Reality);

moderator at several conferences on the promotion and protection of human rights;

conducted numerous studies into the activities of judicial institutions and corruption;

contributed to the drafting of several basic laws and codes of the Niger, including the

Criminal Code and the Code of Criminal Procedure.

* Curricula vitae are issued without formal editing.

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List of most recent publications in the field relevant to the mandate of the

Subcommittee on Prevention of Torture

Co-author of a joint publication entitled “Droits de l’homme au Niger : Théorie et réalités”

(Human rights in the Niger: Theory and Reality), Niamey, 2002; “Essai sur la notion de

haute trahison en droit positif nigérien” (“Essay on the concept of high treason in positive

law of the Niger”), Revue de jurisprudence de droit des affaires RJDA, October 2001;

contributed to the preparation of several annual reports on the status of human rights in the

Niger for the Niger Association for the Protection of Human Rights; “Sécurité juridique et

enjeux normatifs en Afrique de l’Ouest dans le domaine du droit des Affaires” (“Legal

certainty and normative issues in West Africa in the field of business law”), paper presented

at a symposium organized by Université Montesqieu Bordeaux IV, September 2009 (see

the website of the online journal, Afrilex).

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Hans-Jörg Viktor Bannwart (Switzerland)

[Original: French]

Date and place of birth

26 April 1961, Burgdorf, Canton of Bern, Switzerland

Working languages

Italian, German, Dutch, French, English, Spanish and Arabic

Professional background

See “Main professional activities”, below

Educational background

1981-1988: Master’s degree in Law (civil, constitutional, international, criminal and public

law, and history of law), University of Bern, Switzerland

2000: Training certificate for human rights experts in the field, Federal Department of

Foreign Affairs, Switzerland

Current position/function

2001 to date: Presiding Judge of the Bernina District Court, court of first instance for civil

and criminal justice, Poschiavo, Italian-speaking region of Switzerland;

2013 to date: Member of the United Nations Subcommittee on Prevention of Torture, head

of the regional team on Africa, head of delegation for Subcommittee visits to Italy

(September 2015) and Tunisia (April 2016), and Subcommittee envoy for a follow-up visit

to Italy (February 2016), member of the delegation for visits to Gabon (December 2013),

Malta (October 2014) and Turkey (October 2015).

2014 to date: Conducting seminars and policy meetings on the prevention of torture and the

monitoring of places of detention as part of the human rights dialogue between Switzerland

and Tajikistan (May 2015 and June 2016).

Main professional activities

1999-2012 and 1990-1991: Delegate of the International Committee of the Red Cross

(ICRC), humanitarian and protection activities, visits to detention facilities (Guantanamo

Bay, Afghanistan, Algeria, Bahrain, Italy, Yemen, Iraq, Islamic Republic of Iran and

Croatia).

1994-1998: Legal adviser, secretary of the board and head of personnel for Kraftwerke

Brusio AG/Forze Motrici Brusio SA (now Repower AG), energy production and trading,

Poschiavo, Switzerland.

1991-1993: Internship as clerk of the Cantonal Administrative Tribunal of Graubünden and

the Cantonal Department of Construction, Transport and Police of Graubünden,

Switzerland.

Other main activities in the field relevant to the mandate of the Subcommittee on

Prevention of Torture

Member of the Swiss Expert Pool for Civilian Peace Building, Federal Department of

Foreign Affairs, Switzerland.

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From 1997, electoral observation missions on behalf of the Organization for Security and

Cooperation in Europe in Bosnia and Herzegovina (parliamentary elections, 1997-1998)

and on behalf of the European Union in Palestine (presidential elections, 2005).

List of most recent publications in the field relevant to the mandate of the

Subcommittee on Prevention of Torture

“The legal concept of torture in the Convention against Torture and Other Cruel, Inhuman

or Degrading Treatment or Punishment”, thesis, supervised by Professor Walter Kälin,

University of Bern, 1997.

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Satyabhoosun Gupt Domah (Mauritius)

Date and place of birth

30 September 1946 — Mauritius

Working languages

English and French

Professional background

Legal and judicial

Current position/function

1. Judge of Appeal, Seychelles Court of Appeal. 2. Legal Consultant International Law

Chambers (Stevens Associates). 3. Lecturer in Constitutional Law. 4. Public lecturer in

Human Rights Advocacy. 5. Chairperson of Mauritius Ethics Committee. 6. Chairperson of

Financial Reporting Council (Mauritius). 7. Author of professional law books for law

practitioners and students.

Educational background

Doctorate in law (Comparative English, French and Mauritian civil law (Aix-Marseille

University, France); Masters in Law in Public International Law (University College

London); Bar Examination (Council of Legal Education) London as Member of Middle

Temple; Fellow of the Institute of Advanced Legal Studies, University of London.

Main professional activities

I started as a Magistrate involved in hearing cases of police abuse and worked my way as a

Master who is the Accounting Officer for the Judiciary as a whole before being elevated to

the post of Supreme Court Judge deciding on the rights of citizens under the rule of law.

When I was not on the Bench, I was at the Bar from private practice or in public office: i.e.

at the Attorney-General’s Office. I also occupied in course of my career positions of Ag

Director of Public Prosecutions, Ag Solicitor General, Parliamentary Counsel etc. At the

Attorney-General’s Office, I was responsible for International Law dealing with Mauritian

obligations under the various bilateral and international treaties, including its obligations

under the United Nations system: i.e. preparing country reports for treaty bodies and

ensuring compliance with recommendations; accompanying and briefing Ministers of

Justice and Attorneys-General for national, regional and international conferences etc.

Other main activities in the field relevant to the mandate of the Subcommittee on

Prevention of Torture

I have participated in or to deliver lectures, key-note addresses or to run legal, judicial or

related workshops in the national, regional and international fora: inter alia, Africa,

Australia, Belgium, Canada, Cayman Islands, China, France, India, Italy, Japan, La

Reunion, Malaysia, Nepal, Thailand, Seychelles, Singapore, United Kingdom, United

States. These have been at the invitation of, or sponsored by, national or international

organizations and/or universities such as: African Union, British Council, COMESA,

SADC, UN, Commonwealth Secretariat, CMJA, CJEI, European Community, USIS,

Chinese and Japanese Universities, International Association for the Prevention of Torture,

A3 Initiative for the Prevention of Torture in Africa etc.

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List of most recent publications in the field relevant to the mandate of the

Subcommittee on Prevention of Torture

A number of country reports as the Rapporteur under UNCAT as a recent member of the

United Nations Committee Against Torture (2011 to 2015) with regard to their obligations

under the Convention. I have also produced session Reports for the UNCAT sessions on

interim measures. Additionally, I have been the Rapporteur of the activities of UNCAT to

the UN General Assembly for two years. I have been a writer of fiction for BBC (World

Service) on rights-based issues of emergent nations. I have delivered a number of

judgments upholding the human rights of citizens and lectured on the development of a

human rights jurisprudence in the courts.

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Malcolm Evans (United Kingdom of Great Britain and Northern

Ireland)

Date and place of birth

31 December 1959, Cardiff, UK

Working languages

English, (French, basic)

Professional background

Professor of Public International Law (1999-current: first appointed as lecturer in law,

1989). Formerly Dean of Faculty of Social Sciences and Law, University of Bristol, UK

(2005-2009).

Current position/function

Professor of Public International Law and Deputy Director of the Human Rights

Implementation Centre, University of Bristol, UK.

Educational background

Secondary Education: Llanrumney High School, Cardiff

University Education: Regent’s Park College, Oxford: BA (1st Class Hons), 1982; D.Phil,

1986

Main professional activities

As a Professor of Public International Law I teach and research on many aspects of

international law, have authored nearly 100 books, chapters, articles, etc., and am editor of

several leading International Law journals and student textbooks. I have focused on issues

concerning torture and torture prevention for over twenty years and have written over 30

books and articles on the subject. I have been an expert advisor to numerous international

bodies and Civil Society Organisations on torture prevention issues and projects, including

the UN, ICRC, OSCE, African Commission on Human and Peoples’ Rights and the

Council of Europe, the APT, Amnesty International, Penal Reform International and Open

Society Foundation, among others. I was involved in discussions concerning the drafting of

OPCAT, was co-chair of the Drafting Group of the Robben Island Guidelines on Torture

Prevention in Africa and a founder-member of the Civil Society OPCAT Contract Group.

Other main activities in the field relevant to the mandate of the Subcommittee on

Prevention of Torture

I became a member of the SPT in 2009. I was Rapporteur for its 4th Annual Report (2010)

and have been Chair since February 2011, also helping draft and present its Annual Report

to the UN General Assembly each year since. In 2014-15 I was Chair of the Meeting of

Chairs of Human Rights Treaty Bodies. I have participated in over 100 events related to the

OPCAT and the SPT, its mandate and the work of NPMs in all parts of the world and have

also taken a lead in establishing and operationalising the OPCAT Special Fund. As an SPT

member I have so far undertaken 11 official country visits, including 7 as Head of

Delegation. I have written extensively on torture and torture prevention for many years and

have been an active participant in numerous processes leading to the adoption of key

international documents, including the Robben Island Guidelines and the Nelson Mandela

Rules. I am a member of the UK Foreign Secretary’s Independent Advisory Group on

Human Rights.

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List of most recent publications in the field relevant to the mandate of the

Subcommittee on Prevention of Torture

‘Co-Existence and Confidentiality: The OPCAT Experience’ in Towards Coherence in

International Human Rights Law (2016); The Optional Protocol to the UN Convention

against Torture (OUP, 2011); ‘The OPCAT at 50’ in The Delivery of Human Rights (2011);

Combating Torture in Europe (Council of Europe Press, 2001); Preventing Torture: A

Study of the European Convention for the Prevention of Torture (OUP, 1998).

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María Dolores Gómez (Argentina)

[Original: Spanish]

Date and place of birth

17 June 1960, Buenos Aires

Working languages

Spanish

Professional background

Office of the Public Defender Service No. 4, judiciary of Buenos Aires Province (1995-

1998)

Office of the San Isidro Public Defender, judiciary of Buenos Aires Province (1998-1999)

Current position/function

Official Defender, Criminal Court No. 3, Judicial Department of San Isidro, judiciary of

Buenos Aires Province

Educational background

Law degree, University of Buenos Aires

Main professional activities

Public Defender in criminal proceedings

Other main activities in the field relevant to the mandate of the Subcommittee on

Prevention of Torture

Ongoing monitoring of places of detention in Buenos Aires Province

List of most recent publications in the field relevant to the mandate of the

Subcommittee on Prevention of Torture

“La cárcel como camino inverso a la resocialización” (“Prison as a step backwards in the

process of social rehabilitation”), annual report of the Provincial Memory Commission,

Committee against Torture, 2011

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Abdoulaye Kanni (Niger)

[Original: French]

Date and place of birth

1 January 1976, Koulbaga, Dargol

Working languages

French

Professional background

Focal point for the World Organization against Torture through the member organization

Croisade. Coordinated advocacy efforts for the ratification of the Convention against

Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Since December

2012, Coordinator of the Collectif des Organisations de Défense de Droit de l’Homme et de

la Démocratie (Coalition for the Defence of Human Rights and Democracy), which

published a report on the human rights situation in prisons that was presented to the

Government to advocate for more humane prison conditions in the Niger. In my capacity as

Coordinator of the Coalition, I also coordinated the drafting of, and published, a 2016

report on implementation for the African Commission on Human and Peoples’ Rights and

the alternative report on implementation of the International Covenant on Civil and

Political Rights (I also serve as Coordinator of the Coalition of Civil Society Organizations

of the Niger for the purposes of the universal periodic review).

Educational background

June 2015: Certificate of attendance at the International Human Rights Training Program

organized by Equitas in Montreal, Canada

October 2001: Admission to read for a Diploma of Applied University Studies in

Information Technology and Management at the Faculty of Economic Science and

Management of Saad Dahlab University for Science and Technology in Blida, Algeria.

Current position/function

Coordinator, Coalition for the Defence of Human Rights and Democracy.

Main professional activities

I coordinate the Coalition’s activities, which involves convening and chairing regular and

special meetings, regular and special general assemblies and meetings of the Coalition’s

national council. I receive complaints and pass them on to the complaints unit. I also

coordinate the drafting and publication of the Coalition’s reports.

Other main activities in the field relevant to the mandate of the Subcommittee on

Prevention of Torture

Second Rapporteur for civil society submissions for the first universal periodic review of

the Niger. I coordinated efforts to advocate for the ratification of the Convention against

Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Second

Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the

abolition of the death penalty, and the International Convention for the Protection of All

Persons from Enforced Disappearance. I participated in the drafting of the initial report of

the Niger on torture. I serve as Coordinator of the Coalition for the Defence of Human

Rights and Democracy, with a membership of 46 NGOs, and as Coordinator of the

Coalition of Civil Society Organizations of the Niger for the purposes of the universal

periodic review.

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List of most recent publications in the field relevant to the mandate of the

Subcommittee on Prevention of Torture

-

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June Caridad Pagaduan Lopez (Philippines)

Date and place of birth

June 5, 1951

Working Languages

English

Current position/function

Expert Member, UN Subcommittee on the Prevention of Torture (term expires on 31

December 2016)

Fellow, Philippine Psychiatric Association

Professor of Psychiatry, University of the Philippines

Convenor, Citizen’s Network for Psychosocial Response

Executive Director, BalikKalipay Center for Psychosocial Response

Educational Background

1985 Biological Psychiatry, Rigshospitale, Copenhagen, Denmark

1978-1980 Psychiatric Residency, UP — Philippine General Hospital (UP-PGH)

1976-1977 Medical Internship, Brokenshire Memorial Hospital

1972-1976 Doctor of Medicine, UP

1967-1972 Bachelor of Science in Pre-Medicine, UP

Main Professional Activities

39 years of experience in psychiatric patient management; 36 years of designing and

conducting stress management, trauma debriefing, counseling and healing workshops for

responders and survivors of natural and human induced disasters; 35 years as undergraduate

and graduate educator in medical school and public health school; WHO and UNFPA

expert on gender and health drafting and reviewing international and national policy

documents, programs and guidelines on gender mainstreaming in health and violence

against women

Other main activities in the field relevant to the mandate of the treaty body concerned

Military, police and judiciary education on human rights peace advocacy, violence against

women and torture. Forensic adviser and trainer and expert witnessing on cases of violence

against women. Teaching and curriculum development on human rights and humanistic

education expertise in conducting and supervising international and local research and

training on issues of health emergencies, human rights, gender and health, sexual violence,

trauma therapy. Project management and fund-raising for community based international

and local projects on psychosocial rehabilitation

List of most recent publications in the field relevant to the mandate of the

Subcommittee on Prevention of Torture

Enhancing Mental Health and Psychosocial Support Capacities in Emergencies and

Disasters in Mindanao — A Manual for Trainers. University of the Philippines /

Department of Health, November 2009.

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Medico-Legal and Health Services for Victims of Sexual Violence: A Situational Analysis

in the Philippines in Gender-Based Violence in the Western Pacific Region: A Hidden

Epidemic? (special issue on women’s health). Geneva: World Health Organization, 2006.

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Petros Michaelides (Cyprus)

Date and place of birth

Agios Fotios — Paphos — Cyprus — 15 March 1939

Working languages

English — French

Current position/function

Practicing lawyer — legal consultant in Cyprus (Law Firm Petros Michaelides and

Associates)

Member of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment. He was elected to the Subcommittee on Prevention on

28/10/2010.

He is the Chairman of the NGO ‘‘The Cyprus Committee for the Prevention of Torture and

any form of ill-treatment”

He is a Professor of Human Rights at the Law School of Neapolis University, Cyprus

Main professional activities

From 1967 to 1971 he practiced law in Cyprus. In 1971 he was appointed judge, a post that

he held until March 1978 when he became Minister of Justice and as from May 1979 he

was also the Minister to the President. In November 1980 he was appointed by the

President of the Republic as Special Advisor on legal and human rights matters.

In 1981 he joined the Diplomatic Service. He was the accredited Ambassador of Cyprus to

France, Italy, Austria, with concurrent accreditations to Spain, Portugal, Switzerland, Malta,

Albania, Slovenia, Croatia, Slovakia, Liechtenstein, San Marino. He served as well as the

Permanent Representative of Cyprus to the Council of Europe, the U.N (Vienna) and the

0.S.C.E. He was also the Director of Policy Planning and the Ag. Permanent Secretary of

the Ministry of Foreign Affairs. Since April 1999 Mr. Michaelides is a practicing lawyer —

legal consultant in Nicosia.

Educational background

He studied Law, Political and Economic Science at Athens University (1958-1963) and

pursued Doctoral work in Constitutional Law and Political Science at Paris University 1 —

Sorbonne. (1965-1967 ) D.E.A., Doctorat de l’Université.

Other main activities in the field relevant to the mandate of the treaty body concerned

He participated and/or represented Cyprus in various Ministerial Committees and Meetings

of the Council of Europe, the OSCE and U.N. on Human Rights matters. He was a member

of the Minister’s Deputies Group on Human Rights and the Venice Conference on

Democracy through Law.

As Permanent Representative of Cyprus to the Council of Europe he took part in the

preparatory works for the Convention for the Prevention of Torture and Inhuman or

Degrading Treatment or Punishment. He was among the first elected members of the CPT

when it was set up in 1987. He was reelected consecutively and served the committee until

December 2011. As Chairman of the Cyprus Committee for the Prevention of Torture he

organized various seminars, lectures and workshops on the Mechanisms for the Prevention

of Torture in Cyprus, and on other subjects on Human Rights.

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List of most recent publications in the field

He is the author of various publications and articles on the Cyprus legal system and human

rights and especially articles on the European Convention for the Prevention of Torture and

Inhuman or Degrading Treatment or Punishment and on other International Bodies on

Human Rights.

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Kosta Dragan Mitrovic (Serbia)

Date and place of birth

26.01.1983. Belgrade, Serbia

Working languages

English and French

Professional background

From 15.03.2007-25.09.2015. Belgrade Expert-associate in the Court of Misdemeanors.

Belgrade; 25.02.2013-01.04.2014, Consultant for Justice Sector Policy for Ministry of

Justice, Multi Donor Trust Fund for Justice Sector Support in Serbia; 25.09.2015. until now

Judge in the Court of Misdemeanors.

Current position/function

Judge in the Court of Misdemeanors.

Educational background

Faculty of Law, University of Belgrade — International-legal Course, average mark of

09,03 Master studies at the Faculty of Law, University of Niš — graduated with the highest

mark, and received a charter of the University of the city of Nis as the best master student

of the year. I have completed third year of Phd (exams and seminars with the highest mark

(10)), completed my work on dissertation “The rule of law as the idea and ethical value”.

Main professional activities

I am a judge in 24-hours open Service of the Court of Misdemeanors, Belgrade. I was

Consultant for Justice Sector Policy for Ministry of Justice. Multi Donor Trust Fund for

Justice Sector Support in Serbia. I have been a member of negotiating team for Serbia in

Brussels on bilateral screening for chapter 23, and my area of expertise as a negotiator was

Juvenile justice. Also, I was a lecturer at numerous national and international seminars in

Hale crime, Prevention of torture, Anti-discrimination, Human trafficking. Organized crime

and Juvenile justice.

Other main activities in the field relevant to the mandate of the Subcommittee on

Prevention of Torture

Currently, I am taking part in the research project in the field of human rights and law in

force, and am writing an article on prevention of torture and hate crimes.

List of most recent publications in the field relevant to the mandate of the

Subcommittee on Prevention of Torture

My recent publications are comprehensive and relate not only to the prevention of torture,

but also to human rights, the rule of law, and legal state, without which the latter cannot

exist or be realized, and the latest ones are: “Global government and common good”,

“Human rights and contemporary rule of law”. “Historical and contemporary development

of the main teachings of legality in legal theory”, “Transformation of the legal state and the

rule of law”, “Teachings of the two major world systems of law on legality and their

unification”, and “For the rule of law, the most important of all is the Principle of Legality”.

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Margarete Osterfeld (Germany)

Date and place of birth

30 September 1950, Lübbecke, Germany

Working languages

German, English

Professional background

Psychiatrist; psychotherapist; expert on German mental health law; expert on

psychopharmacology; former head of ward (LWL-Klinik, Dortmund, psychiatric hospital)

Current position/function

2015 to present: Member of the German National Agency for the Prevention of Torture

(NPM)

2014 to present: Member of the Subcommittee on Prevention of Torture and Other Cruel,

Inhuman and Degrading Treatment or Punishment (SPT)

2014 to present: Board member of Aktion Psychisch Kranke (APK), a German society

established to reform psychiatric care

2002 to present: Member of the monitoring body (Besuchskommission) for mental health in

the German federal state of North Rhine-Westphalia

Educational background

1997 Certification as psychotherapist, Germany; 1996 Certification as psychiatrist,

Germany; 1991 Licence to practice medicine, University of Münster, Germany;

1971Certification as pharmacist assistant, Germany

Main professional activities

Treated psychiatric patients and (voluntarily and involuntarily) hospitalized persons for

many years; led a psychiatric ward (1996-2007) and its multi-professional team; taught

nursing and junior medical staff; studied German mental health law and the right to the best

attainable mental health vis-à-vis the right to liberty, with publications in this field from

2003 onwards.

Advisory activities relating to the process of adapting mental health law to human rights

standards such as CRPD or OPCAT as independent expert in parliamentary hearings, as

well as member of working groups of different CSOs on coercive psychiatric care.

Promoted the concept of the legal capacity of mentally or psychosocially disabled persons

and the need for reforms in psychiatric care as a keynote speaker at national and

international workshops, e. g. “Das Gespür für Menschenrechte — die Kritik der UN an der

Psychiatrie” (A sense of human rights — the UN’s criticism of psychiatry, February 2016)

or “Menschenrechte und mitgestaltete Anspruchsrechte” (Human rights and claim rights,

November 2015)

Membership of professional associations

German Society of Social Psychiatry (Deutsche Gesellschaft für Soziale Psychiatrie, DGSP)

since 2003, member of the board 2010-2014; speaker of the DGSP task group on

psychotropic drugs 2010-2014. German Society of Legal Guardianship

(Betreuungsgerichtstag) since 2003; currently member of the task force on coercion

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Selected list of recent publications in the field relevant to the mandate of the

Subcommittee on Prevention of Torture

2016, M. Zinkler, K. Laupichler, M. Osterfeld (Eds.), Prävention von Zwangsmaßnahmen.

Menschenrechte und therapeutische Kulturen in der Psychiatrie (Prevention of coercive

measures; Human rights and therapeutic cultures in psychiatry). 2016, M. Osterfeld,

Selbstbestimmung, Inklusion und rechtliche Betreuung — Herausforderung oder gordischer

Knoten (Self-determination, inclusion and legal care — Challenge or Gordian knot) in Th.

Degener et al., Menschenrecht Inklusion (Human Right Inclusion). 2017, D. Brosey, M.

Osterfeld, Die Rechte von Klientinnen und Klienten (The rights of clients) in J. Bischkopf

et al., Soziale Arbeit in der Psychiatrie, Lehrbuch (social work in psychiatry, textbook).

2017, N. Greve, M. Osterfeld, B. Diekmann, Umgang mit Psychopharmaka (Dealing with

psychotropic drugs), 5th ed.

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Abdallah Ounnir (Morocco)

Date and place of birth

July 2, 1958, in Ait Ouribel, Morocco

Working languages

Arabic, French and English

Professional background

University professor of law; Legal expert; National and international human rights expert

Current position/function

Professor at the Faculty of Economic, Social and Legal Sciences, Tangier, Morocco;

Member of the Regional Human Rights Commission of Tangier-Tetouan (CRDH), a local

presence of the National Human Rights Council, Morocco’s NHRI.

Educational background

1980: Law degree (Licence), Mohamed V University, Rabat, Morocco; 1982: Masters in

private law and public law, Faculty of Law of Perpignan, France; 1984: Advanced diploma

(D.E.A) in criminal law and criminal sciences, University of Social Sciences, Toulouse I;

1984: Certificate in criminology and criminal sciences, Institute of Criminology and

Criminal Sciences, University of Social Sciences, Toulouse I; 1988: PhD in criminal law

and criminal sciences. Thesis topic: Punishment in Moroccan criminal law, University of

Social Sciences, Toulouse I, France.

Main professional activities

Professor of Private Law and Criminal Sciences, since 1992; Chairperson, CRDH Working

Group on Enrichment and Promotion of Human Rights; Former judicial affairs officer,

United Nations Interim Mission in Kosovo, 1999-200; Legal expert for several associations

and bodies, including Moroccan Equity and Reconciliation Commission and Moroccan

Association for Combatting AIDS (ALCS); Legal expert and member of the Working

Group of the Pompidou Group, in partnership with the Swiss Federal Office of Public

Health and the Division of Addictology, Community Psychiatry Service (CHUV), since

June 2014; Expert in the working and research group on law and migration; Expert,

founding member of the Women’s Foundation for the Mediterranean, created in Paris in

2010, within the Union for the Mediterranean.

Other main activities in the field relevant to the mandate of the Subcommittee on

Prevention of Torture

Examining and documenting complaints submitted by prisoners or their relatives, including

on allegation of torture; Conducting investigative and monitoring visits to prisons as part of

a CRDH team; Interviewing prisoners and prison authorities on prison conditions and

situation of human rights in such places; Reporting on prison conditions following visits

and proposing relevant recommendations likely to improve the situation of human rights in

such places; Delivering training and teaching on criminal law and security of person;

Conducting research on vulnerable groups, including migrants and persons living with

AIDS.

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List of most recent publications in the field relevant to the mandate of the

Subcommittee on Prevention of Torture

« Réflexion sur un appui à l’adoption d’une stratégie nationale de lutte contre l’impunité ».

Scientific report to the International Centre for Transitional Justice, Friedrich EBERT

Foundation and Moroccan Organization for Human Rights, July 2011

« La magistrature et les magistrats au Maroc », Scientific Report to the Equity and

Reconciliation Commission, the Moroccan truth committee, May 2005.

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Zdenka Perović (Montenegro)

Date and place of birth

09 July 1963 Podgorica Montenegro

Working languages

English

Professional background

The District public prosecutor’s office 1989/1991, trainee

Independent entrepreneur1991/1997, Executive manager

Ministry of trade, Republic Market Inspector 1997/1998

Ministry of Justice, 1998/2003, Head of General Affairs and Finance

Protector of Human Rights and Freedoms of Montenegro 2003/2014 General Secretary

Current position/function

Deputy Ombudsman in charge of the National mechanism for the prevention of torture,

protection against torture and the right to trial within a reasonable time, appointed 27

December 2014, assumed office 20 January 2015

Educational background

University of Montenegro Faculty of Law 1981/1985; Bar Exam 1996; XV International

School for Human Rights in Warsaw — Poland 2004; Since the establishment of the

Ombudsman Institution, attended all professional trainings in the field of human rights,

organized for the staff of the Institution

Main professional activities

In all professional engagements her professional interest was directed towards the

protection of human rights, initially the protection of the rights of victims of violence, while

working at the prosecutor’s office and later the protection of consumer rights.

During her engagement at the Ministry of Justice, part of which was the Institute for

execution of criminal sanctions, met with the question of the rights of persons deprived of

their liberty.

Adoption of the Law of the Protector of Human Rights and Freedom of Montenegro 2003

inspired her interest for direct engagement in the protection of human rights, when joins the

first Ombudsman of Montenegro in a demanding work of the establishment of the

Ombudsman institution in Montenegro

Other main activities in the field relevant to the mandate of the Subcommittee on

Prevention of Torture

As Secretary General of the Ombudsman institution she was engaged in the implementation

of the mandate of the Ombudsman in protecting the rights of persons deprived of their

liberty, and since her appointment as Deputy Ombudsman 2015 she has been in charge of

the implementation of the mandate as National Mechanism for the Prevention of Torture.

List of most recent publications in the field relevant to the mandate of the

Subcommittee on Prevention of Torture

Co-author of a special report on the state of the premises of the police detention of persons

deprived of their liberty — 2011; Report on Human Rights Ombudsman of Human Rights

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and Freedoms of Montenegro for the Universal Periodic Review — UPR 2012; Report on

the situation in Investigative prison in Podgorica 2012; The report NPM for 2013; The

report NPM for 2014; The report NPM for 2015; The book, “The right to physical integrity

and human dignity: the October protests and the application of police powers” 2016.

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Haimoud Ramdan (Mauritania)

Place and date of birth

12 September 1963 — Akjoujt (Mauritania)

Working language

French, Arabic and English.

Professional experiences

Chairman; committee preparation the legal framework which criminalizes torture and

established the national mechanism for the prevention of torture in Mauritania. Member, in

the Committee selection of members the national mechanism for the prevention of torture.

Consultant; Department of Criminal Affairs and the prison administration.

Studies

State Doctorate in Special Criminal Law (thesis on “functioning of the judiciary in

developing countries”) Cheikh Anta Diop University — Dakar — Senegal.

Ph.D. third wire in the Criminal Law (thesis on” protection of persons in custody”) III

University of Tunis (Tunisia).

Bachelor’s degree in Private Law “the prisoner’s system”, (University of Nouakchott —

Mauritania).

Position/current function

Professor Director of Research at the University of Nouakchott — Mauritania

Main professional activities

Director of Research in the Criminal Law and on the judicial law at the University of

Nouakchott; the Lebanese International University and the National School of

Administration and the press and the judiciary. Teaching specialist in human rights and

science prison. Teaching immigration and terrorism laws. Elaboration reports; National

Commission for Human Rights. Consultation; the national mechanism for the prevention of

torture. Presidency; Advisory Committee of the detention conditions. Consultation; civil

society about Prisoners’ Rights. Consultations; UNDP; UNICEF; ICRC on the

improvement of prison conditions. Expertise; the regional observatory alert and analysis

strategic — West Africa (ORAAS).

Other main activities in the field relevant to the mandate of the Subcommittee for the

Prevention of Torture

inviting professor at several universities and in large formation specialized in human rights.

(Senegal, Ivory Coast, Mali, Algeria, Niger, Burkina Faso, France, the United States,

Canada, Morocco, Tunisia, Mauritania ... etc.). Chairman; Scientific Committee of the

Legal journal; Department of Justice. Director; the collection of publications books at the

National Commission for Human Rights. Chairman; Independent Commission; investigate

and follow up the accusations of torture and violence in prisons. Coordinator; AIDS

Control Program in prisons and detention centers. Former for prisoners in civics education.

Former to authorities about the legal framework for the prevention of torture Former for the

prison staff on human rights. Former (Mali, Mauritania, Senegal) in the international

program for the International. Committee of the Red Cross (ICRC) on the prevention of

violence in prisons.

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List of most recent publications in the field relevant of the Subcommittee for the

Prevention of Torture

Prevention and protection of human rights in Mauritania, the National Commission for

Human Rights, 2014. Judicial and penal institutions, a project to strengthen; the justice

sector in 2012. The justice treatment in developing countries, L’Harmatan 2011. Establish a

national mechanism for the prevention of torture in Mauritania, NCHR 2016. Legal and

judicial treatment of torture in Mauritania, a project of state law in 2016.

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Marat Sarsembayev (Kazakhstan)

Date and place of birth

15 December 1947, Almaty region, Kazakhstan

Working languages

English, Russian, Kazakh languages (fluently)

Current position/function

Member, Expert of the Commission of human rights at the President of the Republic of

Kazakhstan — the issues of constitutional and criminal-law means of defence of human

rights (1997-1978, 2012 till present); Member of the Consultative body of human

dimension on human rights at the Ministry of Foreign Affairs of Kazakhstan, taking part in

discussions of activities of law enforcement bodies; Member of the Central Election

Commission of Kazakhstan — electoral human rights, engaged with compliance of

international obligations of Kazakhstan to the OSCE, UN; Doctor of Laws, Professor,

engaged with International Law of Human Rights and on prevention of torture — from

1994.

Educational background

(1) Faculty of English language of Almaty Institute of foreign languages in 1965-1969

with honours;

(2) Faculty of law of Kazakh State University named after Sergei Kirov in 1966-1973

with honours.

Main professional activities

Investigator, Senior investigator of the Prosecution office of Schuchinsk city of Kokshetau

region, Kazakhstan — 1971-1973. Professor of International Law and Human Rights — on

the issues of the fight against torture and ill-treatment, Dean of the Law Faculty of the

Kazakh State University — 1973-2000; Dean of the Law Faculty, Professor (conducting

lectures on Human Rights, including the problems of the fight against torture — in English)

of Eurasian national University named after Nikolay Gumilyov — 2002-2005.

Other main activities in the field relevant to the mandate of the Subcommittee on

Prevention of Torture

1. Member of UN Human Rights Committee (January-December of 2012);

2. Member of the Commission of the Supreme Council of the Kazakh SSR on

December events of 1986 in defence of participants of youth in demonstrations, who have

been subjected to ill-treatment (1990);

4. Expert on the drafts of laws and treaties on line of consulting legal group

«Bolashak» and Ministry of Justice, improving legislation on defence of rights of victims of

crimes, torture and ill-treatment (2008-2016).

List of most recent publications in the field relevant to the mandate of the

Subcommittee on Prevention of Torture

1. Freedom from Torture and ill-treatment. — In the book: Sarsembayev M.A. Going

in the UNO. UN Human Rights Committee: Feelings, Impressions, Analysis. Monograph.

— Astana (Kazakhstan): Bolashak Consulting Group, 2014. — Pp. 94-119.

2. On Countering Torture. — In the book: Criminal law (the Kazakhstan law,

international law) — Almaty (Kazakhstan): Science, 1998. — Pp. 251-252, 255.

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3. Introduction to «Jurisprudence» Specialty (on the work of investigator, prosecutor,

judge). — Almaty (Kazakhstan): Daneker, 2002. — 154 pages.

4. About the Convention against Torture. — In the book: Sarsembayev M.A.

International law. Textbook. — Almaty (Kazakhstan): Zhety Zhargy. — 2009. — Pp. 127-

128, 137.

5. How More Effectively Combat Torture, Promote Women’s Rights: the Answers to

these questions were sought at the Geneva Seminar. — Human Being and the Law

(Republican weekly legal newspaper.) — Astana (Kazakhstan). — 2012. — No. 32. — 27

December. — P. 2.

6. Critical look at Human Rights and Freedoms (including prevention of torture). — In

the compendium: Actual problems of modern international law: Materials of XI annual

international scientific — practical conference dedicated to the memory of Professor I.P.

Blischenko: — Moscow: Russian Peoples’ Friendship University, 2014. — Pp. 408-414.

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Victor Zaharia (Republic of Moldova)

Date and place of birth

21 August 1978, Republic of Moldova

Working languages

English, Russian, French (basic knowledge), Romanian (native)

Current position/function

UN Subcommittee on Prevention of Torture (SPT), member (2013-2016)

European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or

Punishment (CPT), member (2013-2017)

Institute for Penal Reform, Director

National Legal Aid Council, Chairman, certified defense lawyer

Moldova State University, Law Department, university associate professor

Main professional activities

Monitoring visits to places of detention (IRP, 2003-2011; OSCE, 2011-2012; SPT, 2013-

2015; CPT, 2014-2015); Coordination of Penitentiary Reform Program (IRP, 2001-2015);

Training NPM members, police and prison employees, medical doctors and forensic experts,

defense lawyers, prosecutors and judges in torture prevention (UNDP, 2005-2015);

Drafting legislation /amendments to Ombudsperson and NPM regulatory framework,

Criminal Code and Criminal Procedure Code on torture prevention (UNDP, MoJ, Atlas of

Torture Project, 2009-2014); Performing evaluation and research, expert in Criminal Justice

and Human Rights with UNDP, UNODC, UNICEF, OSCE, CoE, EUD in Moldova,

Ministry of Justice, Ministry of Internal Affairs, Ombudsperson Office, Probation Service,

Prison Department, 2005-2015).

Educational background

Moldova State University: Doctor of Law (2006), LLM (2001), university degree (2000);

Specialized trainings: “UN treaty monitoring bodies”, Geneva, ISHR (2008); “International

Human Rights Training Program”, Montreal, EQUITAS, (2008); “Client oriented defense

in criminal proceedings”, UK, OSI (2007); “Education in prison”, Bergen, CoE (2005);

“International School on Protection of Human Rights”, Warsaw, PHC (2001).

Other main activities in the field relevant to the mandate of the SPT

Preparation of alternative report to the Republic of Moldova report, UN CAT 2003;

Development, evaluation of implementation of human rights and torture prevention

programs (Baseline Study on Preventing and combating Torture in Moldova, Prisoners

rights, Rights of juveniles in custody, National Mechanism of HR protection, HR education

in school and universities, Functioning of the local commission of monitoring places of

detention, 2006-2015); Monitoring the activity of Ombudsperson for Children (2008);

Legal Aid policy formulation (NLAC, 2008-2015); Monitoring implementation of the

Justice Sector Reform Strategy, Council for Reform of Law Enforcement Agencies;

Participation as expert, trainer in more than 360 conferences, workshops in criminal justice

and human rights (2001-2015).

List of most recent publications in the field

Methodology of documenting and reporting current country situation on torture and ill

treatment, IRP, 2014; Personal security in prisons, 2012; Research on retainment in the

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Republic of Moldova, 2011; Baseline Study on Preventing and combating Torture in

Moldova, UNDP 2010; Monitoring report of Respect of the rights of the persons under

pretrial arrest, 2010; Guide for Local Committees of monitoring Places of Detention,

UNDP 2010; Complaints Committee. Guide for detainees and prison administration, 2007.