Strasbourg 13 November 2019

CONFIDENTIAL GREVIO(2016)7 rev1

Group of Experts

on Action against Violence against Women

and Domestic Violence
(GREVIO)

First evaluation procedure:

Guidelines for visits

(Adopted by GREVIO in the context of its 6th meeting of 23 – 25 May 2016

Revised at GREVIO’s 19^th meeting)

Contents

I.       Introduction. 3

II.     Objectives of the visits. 3

III.    Composition of GREVIO’s visiting delegations. 4

1.  Core delegations. 4

2.  Additional members of GREVIO supporting the core delegation. 4

3.  Specialists in specific fields assisting the delegation in charge of the visit 4

4.  Independent national experts assisting the delegation in the organisation of the visit 5

5.  Interpreters. 5

IV.   Timing of the visits. 5

V.     Rules of confidentiality. 6

VI.   Privileges and immunities of the members of the visiting delegations. 6

VII.  Working language of the visit 7

VIII. Duration of the visit 7

IX.   Visit programme. 7

1.  Preparatory meetings. 7

2.  Meetings and in situ visits to places of relevance to GREVIO organised directly by the delegation. 7

3.  Meetings and in situ visits to places of relevance to GREVIO organised by the “contact person” or with her or his knowledge. 8

4.  End-of-visit meetings. 9

X.     Preparation of the visits. 9

1.  Exchange of information between the Rapporteurs, the Secretariat and any other delegation members  9

2.  Information for the preparation of the visit 9

3.  Co-operation with the “contact person” 10

4.  Other practical matters linked to the preparation of the visit 10

XI.   Prior announcement of visits. 10

XII.  Code of conduct to be followed during the visits. 10

XIII. Follow-up to the visits. 12

1.  The delegation’s findings. 12

2.  Post-visit contact with representatives of the party concerned. 12

3.  Post-visit contact with other representatives. 12

Appendix. 13

Extracts from key provisions of the Convention  and GREVIO’s Rules of Procedure. 13

I.          Introduction

In accordance with Article 68, paragraph 9 of the Council of Europe Convention on preventing and combating violence against women and domestic violence (hereafter “the Convention”) and Rule 39 of its Rules of Procedure,[1] GREVIO may decide to carry out a visit to any party to the Convention. Such country visits are a subsidiary but essential means of evaluating a party's level of implementation of the Convention and require careful planning on a number of crucial aspects, such as the composition of visiting delegations, the timing, duration and working language of visits, rules of confidentiality and their consequences, the manner in which they are prepared and conducted, as well as the type of follow-up after the visits. The aim of the present document is to provide guidance to members of GREVIO and the Secretariat of the monitoring mechanism of the Convention (hereafter referred to as the “Secretariat”) when organising and carrying out country visits in the context of the first assessment of the implementation of the Convention by the parties. This internal document will be subject to modifications as and when GREVIO decides, on the basis of its experience gained during the initial evaluation visits.

II.        Objectives of the visits

Visits aim to complement and, if necessary, verify in the field:

-          the information contained in the reports drawn up on the basis of GREVIO’s questionnaire and submitted by parties in application of Article 68, paragraph 1 of the Convention;

-          additional information from representatives of parties when their reports are considered by GREVIO;

-          information received from other sources (in particular non-governmental organisations, national human rights institutions, Council of Europe institutions and other treaty bodies).

Under the provisions of the Convention, it is up to GREVIO to determine the appropriate means of evaluation, including visits, in order to make a proper assessment and draw up a Report containing conclusions as to the implementation of the provisions of the Convention[2]. Thus, these evaluation visits are not subject to the consent of the parties, unlike visits organised under an inquiry procedure[3].

During the first evaluation procedure, visits to parties are expected to be the only viable way of gaining sufficient information for a thorough assessment of the situation on the ground. This approach is also in accordance with the principle that parties should be treated on an equal footing.

The visit also provides an opportunity to forge direct contacts with various groundwork organisations at national/regional/local levels which do not have the opportunity to be otherwise heard by GREVIO. Meetings with representatives of NGOs and other members of civil society will be organised directly with them, in particular to ensure that the information passed on to GREVIO remains confidential. NGOs, and where appropriate, independent national experts, may also be of great assistance in the organisation of meetings with independent professionals active in preventing and combating violence against women (including social workers and practising lawyers) and victims or groups of victims, as well as in situ visits to NGO-run places of relevance to GREVIO.

Visits are governed by the principles of dialogue and co-operation with the authorities. With this in mind, in respect of official meetings, visits will be organised in co-operation with the authorities concerned, and in particular the contact person appointed by the party concerned to liaise with GREVIO (hereafter the “contact person”).[4] These meetings offer the possibility to meet various professionals, including from social and health services, law enforcement agencies, prosecution services and the judiciary. Upon request, the “contact person” may also organise in situ visits to places of relevance to GREVIO which are under the responsibility of the authorities.

III.       Composition of GREVIO’s visiting delegations

1.      Core delegations

GREVIO will appoint a core delegation consisting of the Rapporteurs for the report on the party concerned.[5]

One or more members of the Secretariat will also form part of the core delegation.[6]

As a rule, the core delegation will be made up of the two members of GREVIO appointed as Rapporteurs for the party concerned and one or more members of the Secretariat assigned by the Executive Secretary to accompany the Rapporteurs. Substitute Rapporteurs appointed by GREVIO may replace one or more Rapporteur(s) in the event of last-minute unavailability.

2.      Additional members of GREVIO supporting the core delegation

If necessary and in particular when specific competences sought by the core delegation are available in GREVIO, one or more other members of GREVIO may be appointed by GREVIO or by its Bureau, upon request of the core delegation and within the limits of budgetary appropriations.[7] A member elected in respect of the party concerned cannot be so appointed.[8]

3.      Specialists in specific fields assisting the delegation in charge of the visit

GREVIO may decide that the delegation will be assisted by one or more specialists in specific fields. The delegation cannot be assisted by a national of the country to be visited.[9]

A specialist in a specific field or fields is taken to mean a person with particularly good expertise in one or more specific aspects of violence against women, including domestic violence, and who may assist the delegation in the context of the visit.[10]

As a rule, the core delegation will decide whether it wishes to be assisted by specialists in specific fields, in the light of the situation in the party concerned and within the limits of budgetary appropriations. The availability, in GREVIO, of the expertise sought should be taken into account (see paragraph 9).

4.      Independent national experts assisting the delegation in the organisation of the visit

The delegation may organise the visit with the assistance of one or more independent national experts.[11]

An “independent national expert” is understood to be a person who is a national of the party to be visited with particularly good knowledge of the situation of violence against women in the country and who may enlighten and advise the delegation in its choices of issues to cover, persons to meet and places to visit. She or he cannot be a “contact person” appointed by the authorities and must not take instructions on how to perform their duties as independent national expert from governmental or other official bodies, NGOs or other organisations or any person except the delegation members.

The core delegation will decide whether it wishes to be assisted by one or more independent national experts, in the light of the situation in the party concerned and within the limits of budgetary appropriations.

5.      Interpreters

If necessary, the Secretariat will make arrangements to ensure that interpreters are contracted to assist the delegation during the visit.[12]

IV.      Timing of the visits

As a rule, the visit will take place after the party concerned has submitted its report in application of Article 68, paragraph 1 of the Convention and following consideration of that report with representatives of the party in accordance with Article 68, paragraph 2.

GREVIO may decide to carry out a visit when that party:

-          failed to submit its report within the time-limit determined by GREVIO;[13]

-          consented to such a visit before its report is considered by GREVIO, in the light of special circumstances in which that party finds itself;

 

-          invited GREVIO, at any time, to carry out such a visit.

The core delegation will decide on the dates of the visit in close collaboration with the “contact person” in order to ensure that the dates are suitable for the authorities. Factors to be borne in mind when determining the dates of the visit include the availability of delegation members, in particular the Rapporteurs and Secretariat members, as well as the situation in the country concerned (public holidays, etc.). Time between fixing the dates and carrying out the visit must be sufficient to enable the Secretariat and the “contact person” to organise the visit. Where necessary, dates may be agreed before the report is submitted by the party concerned or before that report is considered by GREVIO with the representatives of the party concerned.

The dates of visits to the country concerned scheduled by other relevant Council of Europe and United Nations bodies should be taken into account to avoid, to the extent possible, two visits taking place during the same week or within a very short time interval.[14]

V.       Rules of confidentiality

The information collected by the delegation in the context of the visit and the delegation’s findings must be kept confidential within GREVIO, unless otherwise decided.[15]

The details of the visit programme (see below) and the names of the persons to meet will be confidential.

All delegation members will be bound by the aforementioned confidentiality rule. The contracts of any specialists in specific fields, national independent experts and interpreters will contain a stipulation to this effect.

The “contact person” is also asked to comply with this confidentiality rule, including by not publicly disclosing the official part of the programme without the consent of the delegation and by not requesting any details concerning the non-official part of the visit (e.g. meetings with NGOs).

No details concerning the non-official part of the visit other than the times devoted to this part of the visit may be communicated to the “contact person”.

VI.      Privileges and immunities of the members of the visiting delegations

While exercising their functions relating to the preparation and the carrying out of visits, as well as the follow-up thereto, and travelling in connection with those functions, all delegation members enjoy the privileges and immunities set out in the Appendix to the Convention. In particular:

-          immunity from personal arrest or detention and from seizure of their personal baggage, and immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in their official capacity;

-          exemption from any restrictions on their freedom of movement on exit from and return to their country of residence, and entry into and exit from the country in which they exercise their functions, and from alien registration in the country which they are visiting or through which they are passing in the exercise of their functions.

Delegation members are requested to carry with them, in addition to identity documents, their laissez-passer provided by the Council of Europe Protocol Department which detail the privileges and immunities associated with their functions.

VII.    Working language of the visit

The question of the working language of the visit is an important consideration when appointing the core delegation. The Rapporteurs and other delegation members (including specialists in specific fields) need to be able to communicate among themselves with ease in the working language (English or French) of the visit. However, language should not be the determining factor in the delegation's composition.

It should also be noted that the vast majority of visits will require interpretation between the official language(s) of the country visited and the working language of the visit.

VIII.  Duration of the visit

In principle, a visit will take five full days, excluding travelling time to and from the party visited. Nevertheless, GREVIO may decide that a visit will be shorter or longer, depending on other considerations such as the size of the country or the particular situation in that country, within the limits of budgetary appropriations.

IX.      Visit programme

The core delegation will decide on the visit programme, which will be confidential. The visit programme will comprise an “official” component (meetings and in situ visits organised by the “contact person”) and a “non-official” component (meetings organised by the delegation independently). When drawing up the visit programme, the delegation should in principle ensure that, after its preparatory meeting (see below), it first holds meetings with NGOs, in particular women’s organisations, and other independent entities, to be followed by the official meetings organised by the “contact person”.

1.      Preparatory meetings

As a rule, a delegation meeting will be organised upon arrival in the country to review the visit programme, settle administrative questions and any other pending matters.

A preparatory meeting with the “contact person” and any other officials will subsequently be held in order to review inter alia the “official” component of the visit programme.

2.      Meetings and in situ visits to places of relevance to GREVIO organised directly by the delegation

This part of the visit will be organised directly by the Secretariat in consultation with the Rapporteurs and, if the delegation so decides, with the assistance of one or more independent national experts. Meetings may be organised with national / regional / local NGOs specialising in combating violence against women, women’s organisations, human rights NGOs involved in areas of concern to GREVIO, international NGOs operating in the party concerned (e.g. local branches) and other members of civil society. Meetings with coalitions of organisations will be encouraged.[16] These meetings are intended to supplement the information received from NGO and other civil society representatives prior to the visit. They may take the form of a roundtable in order to ensure the delegation hears various views and concerns prior to meetings with officials.

NGO and other civil society representatives may also assist in the organisation of meetings with independent practitioners, staff working in support services and other individuals or entities directly involved in the prevention of violence against women, the protection of and support to victims and the prosecution of perpetrators. These can include social workers, media professionals, trade-unionists, practicing lawyers, etc.

The delegation may meet representatives of intergovernmental organisations, such as members of local offices of the United Nations (UN) High Commissioner for Refugees or UN Women or representatives of the European Union Delegation in the country.

The delegation may also organise, if necessary in consultation with PACE Parliamentary Network Women Free from Violence, the European Parliament’s Working Group on Violence against Women or inter-parliamentary organisations[17], meetings with members of parliament who are involved in parliamentary oversight of governmental action in areas of concern to GREVIO or who wish to be heard by the delegation.[18]

The delegation may decide to visit one or more places of relevance to GREVIO managed by private/non-governmental entities. These places may be in the capital city or elsewhere. The Secretariat will arrange these visits directly with the entities concerned, with the assistance of independent national experts where necessary.

The Secretariat will ensure, as far as possible, that relevant information is provided in advance to the persons whom the delegation will meet. Such information will contain details about GREVIO’s mandate and the Convention, the evaluation procedure, the purpose and the context of the visit, as well as the composition of the delegation. Where appropriate, the delegation may indicate issues that it wishes to raise in discussions.

3.      Meetings and in situ visits to places of relevance to GREVIO organised by the “contact person” or with her or his knowledge

This part of the visit will be organised by the Secretariat, in consultation with the Rapporteurs and in co-operation with the authorities of the party concerned, through the intermediary of the “contact person”.

The delegation should be able to meet inter alia leading figures from governmental bodies/ministries involved in preventing and combating violence against women, co-ordinating bodies established or designated in application of Article 10 of the Convention, other agencies active in this field at national / regional / local level (whether in the capital city or elsewhere) and representatives of the prosecution services and the judiciary. These meetings are intended to be complementary to the dialogue organised with representatives of the party when examining the report drawn up on the basis of GREVIO’s questionnaire.

The delegation may request meetings with parliamentarians directly involved in the implementation of the Convention.[19]

The delegation may organise a meeting with representatives of national human rights institutions. In which case, it may ask the “contact person” to facilitate the organisation of such a meeting or inform her or him that the delegation will organise such a meeting itself (although they are independent, these institutions are generally official bodies).[20]

The delegation may also ask the “contact person” to organise in situ visits to places under the authority of official bodies/ministries (e.g. state-run facilities potentially accommodating women victims, hospital units, police services, state-run centres or prison units running perpetrator programmes, facilities for the accommodation of migrants). These places may be in the capital city or elsewhere.

When organising this part of the visit, the Secretariat will provide the “contact person” with relevant information to be given in advance to the persons whom the delegation will meet. Such information will contain details about GREVIO’s mandate and the Convention, the evaluation procedure, the purpose and the context of the visit, as well as the composition of the delegation. Where appropriate, the delegation may indicate issues that it wishes to raise in discussions.

4.      End-of-visit meetings

The visit programme will include a closing meeting with the authorities, in particular the “contact person”. This meeting will give the delegation an opportunity to provide the authorities with feedback on its main findings, to reiterate the principles of dialogue and co-operation, to thank official partners for their co-operation and possibly to request further information or clarification on any points arising during the visit. In addition, the delegation will explain the next steps in the evaluation process for the party concerned (drawing-up of GREVIO’s Report and ensuing phases) and the proposed time-frame.

Before the closing meeting, a mandatory delegation meeting will  be organised at the end of each visit to agree, in co-operation with all members of the delegation and where appropriate, specialists assisting it, on the main findings. These findings will be presented to the authorities orally, preferably on the basis of a written document.

X.       Preparation of the visits

1.    Exchange of information between the Rapporteurs, the Secretariat and any other delegation members

In principle, the visit will be prepared by means of e-mails and phone calls between the Rapporteurs, the Secretariat and any other delegation member.Preparatory meetings are in principle held on the side-lines of GREVIO meetings.[21] For this purpose, GREVIO Rapporteurs are required to identify a preliminary list of issues to be raised during the evaluation visit, on the basis of the agreed template (document GREVIO(2019)8). GREVIO Rapporteurs will present their preliminary observations on these issues at the GREVIO plenary.

2.    Information for the preparation of the visit

To prepare the visit and in particular to decide on the programme, the Rapporteurs and other delegation members must have all available relevant information.[22] It is on this basis that the delegation will determine its plans for the visit, including its duration, and decide inter alia whether to call on specialists in specific fields. It will also have to establish an outline visit programme (including both official and non-official components), identify individuals whom the delegation could meet and decide which places it intends to visit. The preparatory work should also consider the practical aspects, including travel, visas, hotel reservations, etc.

At a later stage in the visit preparation process, the delegation members will receive a copy of the detailed programme and a check-list of matters to be addressed during the visit. The persons assisting the delegation (specialists, interpreters, etc.) will also be provided with relevant documents. The documents concerning the preparation of a visit are confidential.

3.    Co-operation with the “contact person”

The “contact person” will receive a letter from the President of GREVIO, or the Executive Secretary on behalf of the President, proposing visit dates.

Once the visit dates have been agreed, a letter from the Executive Secretary will notify the “contact person” of the visit dates and the composition of the delegation. This letter will give an indication of the relevant authorities which the delegation intends to meet and the places it intends to visit if these are under the direct responsibility of the authorities (these suggestions may take the form of an approximate programme and timetable, for example).

4.    Other practical matters linked to the preparation of the visit

The Secretariat will organise the visit in co-operation with the “contact person” and communicate the visit programme to the delegation members. The delegation members must take care of the administrative arrangements for obtaining a visa themselves, should one be required to enter the country.

For practical reasons, all the members of the delegation should stay in the same hotels. The Secretariat may book meeting rooms in hotels where the delegation or sub-delegations will be accommodated to facilitate the meetings with NGOs and other members of civil society.

XI.      Prior announcement of visits

The Secretariat, in consultation with the Rapporteurs, may publicly announce any forthcoming visit through a press release drawn up in at least one of the working languages of GREVIO, indicating the country to be visited, the purpose, time and duration of the visit and the composition of the delegation. The press release should indicate that the content of meetings between the delegation and its interlocutors (officials, NGO representatives, victims, etc.) remains confidential.

XII.    Code of conduct to be followed during the visits

The members of the delegation act in the name of GREVIO. The members of GREVIO, the Secretariat and, where applicable, the specialists in specific fields accompanying and assisting the delegation during meetings, discussions and in situ visits should constantly bear in mind in particular that:

-          the purpose of the visit is to collect information and not to comment on the situation in the party or another party or on any individual cases. They must ensure that statements remain confined to the aims of the visit and refocus discussion on the purpose of the visit if necessary;

-          they cannot commit GREVIO, and should refrain from making any statements of opinion on a question falling within its remit;

-          their actions and statements do not contradict the values and principles of the Council of Europe;

-          they do not give any prior suggestion as to the content of the Report to be adopted by GREVIO.

The delegation will make every effort to comply with elementary security rules by avoiding conduct that might endanger anyone, including GREVIO members participating in the visit, other delegation members, individuals met by the delegation, referred to during discussions or who previously communicated with GREVIO.

Before, during and after the visit, the delegation will refrain from contacts with the media, particularly those of the party concerned, about its or GREVIO’s positions or conclusions for as long as these positions or conclusions have not been made public.[23]

If the delegation or the authorities consider it appropriate to organise a press conference, or if media professionals make contact with delegation members, only general, non-confidential, information on GREVIO and the visit should be provided. Such press conferences or contacts with media professionals must aim to raise awareness about GREVIO’s mandate and the evaluation procedure; it must not relate to the situation of the party under evaluation.

In cases other than those specified above, the delegation members and any member of GREVIO who is a national of the party concerned must explain that they are unable to comment on the situation in the party under evaluation. They should however explain that the position of GREVIO will be set out in its Report, which will be drawn up on the basis of information collected prior to and during the visit, as well as on its constructive dialogue with the authorities. They should also underline in this respect that the content of the delegation’s meetings and the delegation’s findings during in situ visits remain confidential.

As a rule, a member of GREVIO who is a national of the country concerned should not meet any delegation members during the visit. In the interests of neutrality, she or he cannot participate in working meetings between the delegation and other persons, whether with official bodies or representatives of civil society.

For any meeting during the visit, one or more Rapporteur(s) will take the lead in the discussions. Where appropriate, the other delegation members may take the floor to ask questions during the meetings in accordance with this code of conduct and the modalities previously established by the delegation for the allocation of tasks. Attention shall be paid to the equal sharing of responsibilities between the Rapporteur(s).

In order not to be seen to be compromised in its impartiality and independence, the delegation will refrain (as far as possible and within the limits of courtesy) from accepting invitations to dinner / luncheon offered either by the authorities or by NGOs.

The delegation members cannot accept any honorary distinction, decoration, favour, gift or other reward in the context of the visit.

XIII.  Follow-up to the visits

1.      The delegation’s findings

The delegation’s findings are confidential and shall be reported to GREVIO. They should not be confused with the GREVIO Report on the party concerned, intended for publication in the final stages of the evaluation procedure. They will serve as a basis for the drawing-up and adoption of the GREVIO Report.

2.      Post-visit contact with representatives of the party concerned

The Secretariat will keep the “contact person” informed of the next phases of the evaluation procedure and in particular the drawing-up and adoption of GREVIO’s Report.

3.      Post-visit contact with other representatives

The Secretariat will keep a confidential list of representatives of NGOs and other civil society members, national human rights institutions and any other individuals whom the delegation met. It may contact them again at a later date, to request further information and/or to inform them of the next phases of the evaluation procedure and in particular the publication of GREVIO’s Report.

Particular care should be taken not to prejudice the situation of organisations or persons met during the visit. Should any act referred to in Rule 62 of GREVIO’s Rules of Procedure come to light (protection of persons or organisations communicating with GREVIO), this should be raised with GREVIO at its next meeting, or in case of emergency, with its Bureau.

Appendix

Extracts from key provisions of the Convention
and GREVIO’s Rules of Procedure

Article 68, paragraph 9 of the Convention

“GREVIO may subsidiarily organise, in co-operation with the national authorities and with the assistance of independent national experts, country visits, if the information gained is insufficient […]. During these visits, GREVIO may be assisted by specialists in specific fields.” [24]

Rule 39 of GREVIO’s Rules of Procedure

“Rule 39 – Visits

1.         GREVIO may decide to carry out a visit to any Party in accordance with Article 68, paragraph 9 of the Convention.

2.         GREVIO shall appoint a delegation to carry out the visit consisting of the Rapporteurs for the report on the Party concerned and, if necessary, one or more other members of GREVIO.

3.         A member of GREVIO elected in respect of the Party concerned shall not be a member of the delegation in charge of the visit.

4.         GREVIO’s delegation shall be accompanied by one or more members of the Secretariat of the Convention and, if necessary, interpreters.

5.         GREVIO may also decide that the delegation shall be assisted by one or more specialists in specific fields. The delegation shall not be assisted by a specialist who is a national of the Party to be visited.

6.         GREVIO shall inform the Party concerned of its intention to carry out the visit. The visit to the Party concerned shall be organised and carried out in co-operation with the “contact person” appointed by the national authorities in application of Rule 63.

7.         GREVIO’s delegation in charge of the visit may also organise the visit with the assistance of one or more independent national experts.

8.         The delegation in charge of the visit shall decide on the programme of the visit. It shall decide on the dates of the visit and organise meetings with governmental bodies in co-operation with the “contact person”. Where appropriate, the “contact person” may also be requested to facilitate the organisation of a meeting with representatives of the national institution for the protection of human rights. Meetings with non-governmental organisations, other relevant organisations, members of civil society or any other individuals shall be organised directly with them.

9.         Following the visit, the delegation shall report on its findings to GREVIO.

10.       The information gathered by the delegation in relation to a visit shall be confidential, unless otherwise decided.”