UNDP-OHCHR TOOLKIT continued PRISONS Is the NHRI involved in efforts to ensure that: 11 11 11 11 detention facilities meet minimum international standards Has the NHRI made active use of the OHCHR (2005) “Human Rights and Prisons: A Compilation of International Human Rights Instruments concerning the Administration of Justice.” 5 11 11 OHCHR (2005) “Human Rights and Prisons: A Trainer’s Guide on Human Rights Training for Prison Officials” 6 Nairobi Declaration on the Administration of Justice, adopted at the Ninth International Conference of National Human Rights Institutions (Nairobi, Kenya, 21-24 October 2008). appropriate regulations govern the intake, incarceration and transfer of inmates Is the NHRI mandated and engaged in conducting prison visits to monitor conditions of detention (both announced and unannounced visits, and private interviews with detainees)? Does the NHRI report on its inspections and make recommendations for change as needed? regulations are adhered to Is the NHRI dealing with families of detained persons that appeal to the NHRI in case of irregularities? all personnel receive human rights training and training in proper interviewing and investigatory techniques Does the NHRI have a process to receive and investigate complaints filed by detainees? Has the NHRI made active use of the OHCHR Professional Training Series No. 11: “Human Rights and Prisons: A Manual on Human Rights Training for Prison Officials?” and additional related reference materials? It should be noted that recent human rights treaties like the Optional Protocol to the Convention Against Torture (OPCAT), the Convention on the Rights of Persons with Disabilities (CRPD), and the International Convention for the Protection of All Persons from Enforced Disappearance (ICPED) explicitly refer to the importance of linking up human rights institutions at the national and international level as a necessity for actually implementing international human rights law. OP-CAT and art. 33 of the CRPD, for example, require states to establish effective mechanisms at the national level that are responsible for monitoring the implementation of these two new international human rights treaties. NHRIs can actively advocate that States implement the concluding observations of Treaty Bodies. As well, it is generally recognised that in some circumstances, States may derogate from certain of these rights. For example, there are specific principles that apply to determine what may be acceptable derogations from human rights for public security reasons in times of public emergency or in other circumstances. The Siracusa Principles7 set standards of acceptable limitations and derogations from the ICCPR which supplement treaty norms. Additional standards on the rule of law and the Administration of Justice, and the particular role of NHRIs can be obtained from: Nairobi Declaration on the Administration of Justice, adopted at the Ninth International Conference of National Human Rights Institutions (Nairobi, Kenya, 21-24 October 2008). 11 Developing or revising standing orders that apply to police and security forces to meet international law standards, especially for places of detention, and arrest, investigation and interrogation procedures; 11 Encouraging non-custodial alternatives to pre-trial detention (such as bail, surveillance reporting and non-cash guarantees); 11 Encouraging non-custodial measures of punishment (such as community service, fines, restitution or compensation to the victim), especially for breast-feeding mothers; 11 Presenting concrete proposals aimed at ensuring that minor offences do not come under the ambit of the criminal law system (e.g. strengthening mediation and direct victim compensation, and promoting local community structures for resolving petty crimes); http://www.ohchr.org/EN/PublicationsResources/Pages/TrainingEducation.aspx Accessed February 4, 2009 5 http://www.ohchr.org/Documents/Publications/training11Add1en.pdf Accessed February 4, 2009 6 UN ESC, UN Sub-Commission on Prevention of Discrimination and Protection of Minorities, “Syracuse Principles on the Limitation and Derogation of Provisions in the International Covenant on Civil and Political Rights”, UN Doc: E/CN.4/1984/4 (1984). 7 54