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.