Monitoring places of deprivation of liberty : Monitoring places of deprivation of liberty Webinar for the Human Rights Monitoring Course, May 2010
Why do we monitor closed institutions? : Why do we monitor closed institutions? Because they are run by the government in the name of the society
Because they are closed and ordinary citizens and media do not have access to them
Because of the higher risk for human rights violations there
What are closed institutions? : What are closed institutions? Prisons
Pre-trial jails
Police stations
Places for detention of foreigners
Psychiatric institutions
Juvenile detention centers
Military detention facilities
International and National Mechanisms for Human Rights Monitoring : International and National Mechanisms for Human Rights Monitoring OP-CAT – specific human rights mandate (art.4, 19)
Visits by an international body
National preventive mechanisms
National monitoring bodies
National human rights institutions
Parliamentarians
Internal inspections
Judges
Prosecutors
Health inspections
NGOs
Monitoring methods : Monitoring methods In the course of the visit and in a non-visit context
Observation
Interviewing
With inmates
With staff
With relatives
With lawyers
Analysis of internal documents
Analysis of written complaints by inmates
Surveys
Triangulation – combination of different methods to corroborate the same information
Necessary powers/Criteria for assessing the effectiveness of the access : Necessary powers/Criteria for assessing the effectiveness of the access Possibility to receive information on all places of deprivation of liberty
Unlimited access to any place where persons deprived of liberty might be held
Right of free movement inside the institution
Possibility for private interviews with detainees and staff
Possibility to study documentation related to the treatment of detainees
Freedom to publish reports and to make recommendations
Types of visits : Types of visits For general human rights monitoring purposes
For targeted monitoring of certain spheres – medical care, disciplinary measures etc
Follow up visits
In response to individual requests
To follow up on individual cases
To ensure detainee’s safety
Preparation for the visit : Preparation for the visit Study of previous reports
Study of the available official information
Study of the media reports
Study of prisoner’s complaints
Interviews with lawyers
Interviews with relatives
Interviews with former prisoners
Model of the first visit : Model of the first visit Meeting with the Director of the institution
Tour of the entire institution
Interviews with prisoners
Review of relevant documentation
Interviews with the staff
Final meeting and discussion with the Director
Issues to monitor : Issues to monitor Placement
Classification
Material conditions and hygiene
Food
Medical care
Activities, including work, religious practice, education
Discipline, punishment and isolation
Use of force and firearms
Contacts with the outside world
Inspections
Detention monitoring standards : Detention monitoring standards International legal standards – ICCPR, CAT and other UN treaties
Regional human rights and torture prevention treaties
“Soft” international standards – SMRTP, EPR etc
National legislation and jurisprudence
Reports of international and domestic monitors
Standards of the national correctional associations (e.g. ACA)
NGO standards
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Documentation : Documentation Notes in the notebook
Use of technical equipment
Cameras
Sound and video recording
Measurement equipment
Possibility to acquire copies of documents
Involvement of experts and expert opinions
Rules for selection of prisoners for interview : Rules for selection of prisoners for interview Ensure random selection
Pay attention to vulnerable groups (ethnic or religious minorities, homosexuals, etc)
Pay attention to those who are subject to disciplinary measures
Pay attention to the new prisoners
Interviewing - behavior : Interviewing - behavior Establish trust and rapport
Explain the purpose of the interview
Give the interviewee a possibility to tell his/her story without asking questions
Ask open questions in the beginning gradually moving to closed
Do not imitate situations of abuse
Ask details repeatedly if you have doubts
Recording the interview
- on the spot or later
- use of electronic devises
Clear descriptions of all names, places and the time
Ensure confidentiality and security of the interviewee
Ethical choices : Ethical choices Visits under restricted conditions
Reporting v. protection of the informant
Reporting v. cooperation with the government
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