MONITORING PLACES OF DETENTION : A PRACTICAL GUIDE FOR NGOS
23
3.3. Monitoring detention conditions at the international
level
That international organs can conduct visit to places of detention is
a relatively recent development. The International Committee of the
Red Cross was the first to receive such a mandate, in the context of
armed conflicts, to visit prisoners of war. The international mechanisms established within the framework of the United Nations function essentially in a reactive manner, to verify allegations of torture or
ill-treatment on the spot. Access is then subject to authorisation by the
State. For the moment, only the European Committee for the
TABLE 2 : VISITING MECHANISMS AT THE NATIONAL LEVEL
INTERNAL MONITORING
EXTERNAL MONITORING
Legal basis
in the constitution
or in the law
Without legal basis,
with specific
authorisation
Permanent
inspection and
surveillance organs,
internal to the
administration,
which carry out
administrative
control
Independent and specialised
monitoring mechanisms:
• Ombudsperson for prisons
• National visiting bodies
• Citizen-visitor organisations
• National NGOs6
National NGOs
Magistrates who, as
part of their functions, have the mandate and authority to
carry out judicial
control of detention
and the conditions
of detention
Independent and nonspecialised control
mechanisms:
• Ombudsperson
• Parliamentary
committees
International NGOs
5 The text was adopted by vote by the United Nations Human Rights Commission on 22 April
2002 (resolution E/CN.4/Res/2002/33), by the Economic and Social Council on 24 July 2002
and by the General Assembly in December 2002.
6 Certain States have included in their legislation the right for civil society to examine places
where persons are deprived of their liberty.
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