3
• Persons who are ill or mentally handicapped
are particularly vulnerable;
• Persons can be interned non-voluntarily and as
a matter of course in accordance with civil law
or in the context of a criminal procedure.
Ministry of Health
Psychiatric
internment
Unlike pre-trial detention and imprisonment, which are penal measures, administrative internment is, in most countries, a measure taken by
an administrative or political and not by a judicial authority.
Psychiatric hospitals,
specialised institutions, psychiatric hospitals in prisons
• Persons deprived of their liberty by an administrative measure can be:
- political detainees who are arrested or incarcerated without charges;
- foreign nationals who entered a State’s territory illegally and are awaiting an administrative decision regarding admission or
expulsion.
• The length of deprivation of liberty is not
determined.
Ministry of the
Interior or other
• The penal regimes governing the organisation
and conditions of detention of the prisoners
can vary depending on different factors such
as the type and gravity of the offence or crime;
• The regimes are: - high security;
- progressive;
- semi-open;
- open.
• They also depend on:
- the doctrines on imprisonment as defined in
legislation and their actual application by the
penal administration;
- staff numbers and their training;
- the size of the establishment, etc.
Administrative
internment 3
• Prisons for persons
serving out their
sentences—the
exact appellation
varies from country to country;
• Sections in pretrial detention
facilities which
can receive persons with shortterm sentences.
The penal administration, whether
independent
or integrated into
the Ministry of
Justice
Imprisonment (or
serving a prison
sentence after a
definitive verdict
has been passed)
MONITORING PLACES OF DETENTION : A PRACTICAL GUIDE FOR NGOS
19
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