National Preventive Mechanism Third Annual Report 2011–12
Expectations
1 Monitoring bodies should be
independent of the authorities visited/
inspected and of the government.
OPCAT Articles 17, 18(1)
2 Monitoring bodies should be impartial.
SPT Guidelines 18, 19, 30
3 Monitoring bodies should have the
right to publish their findings and
to make recommendations for the
purpose of preventing ill-treatment
and improving standards in detention.
OPCAT Articles 19(b), (c); SPT
Guidelines 36
4 Monitoring bodies should have
unfettered access to places of
detention. Access should be granted
even where monitoring bodies arrive
unannounced.
OPCAT Articles 20(c), (e); SPT
Guidelines 25
5 Monitoring bodies should have
unfettered access to all detainees and
to information about them.
OPCAT Article 20
6 The voice of the detainee is an
essential component of any monitoring
of places of detention.
OPCAT Article 20(d)
7 There must be a focus on the
prevention of ill-treatment.
OPCAT Articles 1, 3
12
8 All places of detention should be
monitored regularly.
OPCAT Articles 1, 19(a)
9 Monitoring bodies should set their own
criteria against which they monitor
the treatment of and conditions for
detainees.
SPT Guidelines 12
10 Criteria for monitoring should be firmly
grounded in human rights standards
and should be transparent.
OPCAT Article 19(b)
11 Monitoring bodies should be sufficiently
resourced to perform their role.
OPCAT Article 18(3)
12 The remit of monitoring bodies should
be set out in statute.
SPT Guidelines 7
13 The staff of monitoring bodies should
be recruited and appointed in an open
and fair manner.
SPT Guidelines 16
14 Monitoring bodies should promote
and encourage respect for diversity,
both in their own workforce and when
monitoring places of detention.
OPCAT Article 18(2); SPT on Prevention
5( j)
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