THE ROLE OF NATIONAL HUMAN RIGHTS INSTITUTIONS IN DETENTION MONITORING
Harvard Law School’s Human Rights Program (HRP) in partnership with OHCHR
March 23, 2009ICC22-GENEVA
ICC22 Workshop on Detention
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
A preliminary framework of analysis
Legal and administrati
ve frameworks Material
conditions and
treatment
Vulnerable populations
Prison authorities
and personnel
Domains of detention
Access to detention facilities
NHRI
Exploring the frameworkAccess to detention centersAccess to all places of detentionIncl. 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
institutionsSystematic periodic visitation or urgent actions in response to
alleged violations
Exploring the frameworkLegal and administrative 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 genderIs the NHRI formally recognized as a independent monitoring body
by detention authorities and detainees?
Exploring the frameworkDomains of detentionWhat are the different types of
detention facilities monitored by NHRIsDoes 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 facilitiesWhich types of facilities are ‘high risk’ in terms of punitive
disciplinary regimesDoes the office have jurisdiction over private, sector, international forces, high-security and death
row?
Exploring the frameworkMaterial conditions and treatment of
detaineesOvercrowding, especially in pre-trial and remand facilities
Environmental factors: access to natural light and the temperature
inside cellsThe availability of medical services, including preventative
careProvision of purposeful activity, educational and work programsDetainees should also be able to
practice their religion freely
Exploring the frameworkPrison authorities and personnelMonitoring the recruitment,
training and retention of detention personnelCultivating working alliances with
senior and lower-level detention personnelEducation of prison authorities
and personnel regarding applicable standardsCan the office seek redress for
failure to report instances of abuse?Promote national level guidelines
for professionals working in detention facilities
Exploring the frameworkVulnerable groupsIndividuals in pre-trial and remand
detentionIndividuals held in police custody
Refugees, asylum seekers and migrants
Children and juvenilesWomen, especially pre-natal and
post-birth medical careMentally-ill individuals
Elderly and infirmed
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
Spotlight on ‘best practice’ and ‘lessons learnt’ in detention monitoring
Documenting the activities and experiences of NHRIs
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’
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 women’s prisons’
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