CHAPTER 4: THE RULE OF LAW AND THE CORE PROTECTION MANDATE
11 Periodic site inspections (announced and unannounced)
of police stations and prisons, in close partnership with
other independent structures tasked with this role
and law enforcement and other national authorities,
encouraging them to take appropriate, prompt action;
11 Legislative
proposals on the setting up of accountability mechanisms, monitoring systems to ensure
their application and internal investigation procedures
and sanctions;
11 Monitoring
and reporting on alleged cases of
corruption in the police and security forces;
11 Assistance
in vetting processes (through the provision
of confidential information on past human rights
violations - for serious abuses there are no time limits
- the violators, as well as cases of corruption and abuse
of authority); and
11 Encouraging fair remuneration and working conditions
for law enforcement and ecurity personnel.
4.3 Core Protection
The importance of effective human rights protection
cannot be over-emphasised, nor can the risk of losing
credibility if a NHRI fails to demonstrate results in the
area of its core protection mandate. The effectiveness of
NHRIs’ work in the core protection mandate is its mostscrutinised function.
The OHCHR especially supports NHRIs regarding:
11 General
activities relating to the prevention of
torture, summary executions and arbitrary detention;
11 Complaints
11 Detention
from detainees;
monitoring; and
11 General
activities relating to the protection of
human rights defenders.
OHCHR prioritises support to NHRIs for core protection
issues, as these issues are among the most important
elements for NHRI credibility at both the national and
international levels.
QUICK FACTS ABOUT NHRIS AND CORE
PROTECTION ACTIVITIES
In a survey undertaken by the OHCHR, over 80% of
NHRI respondents indicated that they are indeed
carrying out activities relating to the prevention of
torture and ill-treatment, including by visiting places
of detention and receiving complaints from
detainees. Nevertheless, the quantity and quality of
this work appears varied. Furthermore, only two
thirds of the responses had dedicated activities for
human rights defenders. The level of activity in this
area was notably lower among European NHRIs.
Source: OHCHR, Survey of National Human Rights Institutions: Report on
the Findings and Recommendations of a Questionnaire Addressed to NHRIs
Worldwide. 2009. www.nhri.net.
The following table contains an overview of some of the
key core protection areas requiring particular attention:
TABLE 2: KEY RIGHTS LINKED TO CORE PROTECTION MANDATE
11
11
Arrest, freedom from arbitrary
Arrest, right to be informed of
reasons for
11
11
11
Assembly, freedom of
11
11
Association, freedom of
11
Derogations, from fundamental
rights & freedoms
11
11
Detention, freedom from arbitrary
Detention, right to be treated
humanely
Habeas corpus
Legal rights (trial and court
procedure)
Life, right to
11
Movement, freedom of
11
Presumption of innocence
11
Remedy, access to justice
11
Retroactive laws, prohibition against
11
Servitude, right to be free from
11
Slavery, right to be free from
11
Torture, protection against
55
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