Transcript of THE ROLE OF NATIONAL HUMAN RIGHTS INSTITUTIONS IN DETENTION MONITORING Harvard Law School’s Human...
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THE ROLE OF NATIONAL HUMAN RIGHTS INSTITUTIONS IN DETENTION
MONITORING Harvard Law Schools Human Rights Program (HRP) in
partnership with OHCHR March 23, 2009 ICC22-GENEVA ICC22 Workshop
on Detention
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Introduction Objectives of the project Spotlight on NHRIs
Cross-cutting approach Protocol and methodology Effectiveness
benchmarks Beyond OPCAT Reference tool for NHRIs and other
stakeholders
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A preliminary framework of analysis Legal and administrative
frameworks Material conditions and treatment Vulnerable populations
Prison authorities and personnel Domains of detention Access to
detention facilities NHRI
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Exploring the framework Access to detention centers Access to
all places of detention police custody Incl. military and security
forces installations, police custody, state and federal
jurisdiction Visitation without prior notification: how does type
of intervention impact on outcome/follow- up? Access to facilities
holding vulnerable groups e.g. juvenile correction facilities,
psychiatric institutions Systematic periodic visitation or urgent
actions in response to alleged violations
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Exploring the framework Legal and administrativ e frameworks
Complaints procedures are in place Challenging detention through
judicial channels Do you have access to registers of detainees Are
detainees segregated according to their legal status, age and
gender Is the NHRI formally recognized as a independent monitoring
body by detention authorities and detainees?
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Exploring the framework Domains of detention What are the
different types of detention facilities monitored by NHRIs Does
this typology extend to non-deprivation of liberty measures such as
electronic tagging/house arrest? What challenges are posed in terms
of detention regimes across types of facilities Which types of
facilities are high risk in terms of punitive disciplinary regimes
Does the office have jurisdiction over private, sector,
international forces, high-security and death row?
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Exploring the framework Material conditions and treatment of
detainees Overcrowding, especially in pre-trial and remand
facilities Environmental factors: access to natural light and the
temperature inside cells The availability of medical services,
including preventative care Provision of purposeful activity,
educational and work programs Detainees should also be able to
practice their religion freely
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Exploring the framework Prison authorities and personnel
Monitoring the recruitment, training and retention of detention
personnel Cultivating working alliances with senior and lower-level
detention personnel Education of prison authorities and personnel
regarding applicable standards Can the office seek redress for
failure to report instances of abuse? Promote national level
guidelines for professionals working in detention facilities
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Exploring the framework Vulnerable groups Individuals in
pre-trial and remand detention Individuals held in police custody
Refugees, asylum seekers and migrants Children and juveniles Women,
especially pre-natal and post-birth medical care Mentally-ill
individuals Elderly and infirmed
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Strengths of NHRIs as independent detention monitoring bodies
An effective structure Independence, jurisdiction and mandate
Recourse to legal action Use of public advocacy tools Resources and
expertise NHRI as intermediary Legitimacy of the institution
Non-formal and contextual factors
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Spotlight on best practice and lessons learnt in detention
monitoring Documenting the activities and experiences of NHRIs
protocol Concrete initiatives and protocol Use of judicial channels
Use of public exposure channels Interaction with other
stakeholders/ professional networks Responsiveness of detention
authorities Opportunities and challenges Benchmarks for
effectiveness
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Survey of NHRI experiences Access to detention facilities Lack
of external scrutiny of military detention facilities Police
obstruction to NHRI access to detainees in their custody
Jurisdiction is curtailed by regressive domestic legislation For
jail visits to be effective, it should be announced. We have
difficulties in accessing juvenile correction facilities and womens
prisons