MONITORING PLACES OF DETENTION : A PRACTICAL GUIDE FOR NGOS
36
II - OBTAINING ACCESS TO PERSONS
DEPRIVED OF THEIR FREEDOM
1. OBTAINING AUTHORISATION
In some countries, access by non-governmental organisations or by
civil society as a whole is provided for in a law, decree, or regulation.
This means that the NGO does not in principle have to obtain an
authorisation to gain access to persons deprived of their liberty. It
must still, however, negotiate the concrete procedures for this access.
The advantage of having a legal basis of this kind is the permanence
of the authorisation, which does not depend on the good will of the
authorities in place and is not subject to limitations in length. On the
other hand, the legal basis may provide a narrower framework than
could otherwise be negotiated directly with the authorities.
In some contexts, it may also be possible to gain access to certain
categories of persons deprived of their liberty simply with the agreement of the individuals in charge of the place in question. An unofficial and limited authorisation can be beneficial to those deprived of
their liberty and very useful in a crisis situation. Such an approach,
however, cannot constitute a true monitoring mechanism, and thus
will not be taken up here.
In most cases, the NGO must request authorisation from the
authorities in charge to carry out regular visits to persons deprived of
their freedom. It is often easier to obtain this authorisation from the
higher authorities, in general the ministry responsible (see Table 1),
than from those lower down in the hierarchy.
Deciding on the best strategies to adopt depends on many factors
related to the NGO itself, the context in which it is working, and the
detaining authorities concerned. For this reason, we shall limit ourselves here to a few questions that can help new NGOs, in particular,
prepare for meetings with the authorities concerned in order to obtain
the necessary authorisation.
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