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’