MONITORING PLACES OF DETENTION : A PRACTICAL GUIDE FOR NGOS
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3. monitoring the effective application of the legal
framework by:
■
internal inspection services;
■
judicial control by judges, prosecutors;
■
official monitoring bodies which are independent of
the authorities;
■
non-governmental organisations;
■
the media.
This monitoring helps to provide an overview of the
work carried out by State bodies and to identify any measures which should be taken at either the practical or the
legal level.
Monitoring is thus an essential element in the dynamic
process of setting up and maintaining a protection system
for persons deprived of their liberty as defined above.
2. DEPRIVATION OF LIBERTY AND CONDITIONS OF DETENTION
2.1. What is meant by deprivation of liberty?
A person can be deprived of his or her liberty by a judicial, administrative, or medical measure. In the case of judicial measures, the
detention place and regime1 will depend on the stage in the penal
process and the nature and gravity of the charges against the person
concerned.
Table 1 below shows the different types of deprivation of liberty2
and their main characteristics according to the authority in charge and
the type of place of detention.
This description is indicative and not intended to be valid for all
systems.
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