MONITORING MECHANISMS OF PLACES WHERE CHILDREN ARE DEPRIVED OF THEIR LIBERTY
As of the entry into force of the OPCAT in 2006, States Parties that have ratified this
protocol are also required to establish their own National Preventive Mechanisms
(NPM) to carry out the monitoring of deprivation of liberty’s facilities with a proactive preventive mandate.
See – Section 3.5. – p.41
The SPT has also the mandate to advise the States Parties on the establishment
of NPMs and to provide them with assistance and training while implementing
their obligations under the OPCAT.
Geneva Conventions: The International Committee of the Red Cross (ICRC)
The Geneva Conventions mandate the ICRC to visit both prisoners of war and civilians
interned during conflict, including children. They also visit people deprived of their
liberty in other situations of violence. According to the Conventions, the ICRC has
full liberty to select the places it wishes to visit and must be able to interview the
detainees without witnesses. The duration and frequency of such visits may not
be restricted. However, visits may be refused for reasons of imperative military
necessity, but only as an exceptional and temporary measure. The aim of their visit
is to ensure human treatment of detainees, prevent abuse and improve conditions.
B. EUROPEAN MECHANISMS
There are also regional bodies established by the Council of Europe, mandated to
visit places of deprivation of liberty and to report to governments on their findings.
The European Committee for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment (CPT)
The CPT is the first international monitoring body established especially to perform
preventive visits. Upon ratification of the Convention by State parties, the CPT has
unrestricted access at any moment to all places of any kind where adults or children
are deprived of their liberty, within Council of Europe States.
The Committee is able to interview any person deprived of liberty or other people
who can provide information to them. The CPT may conduct periodic and ad hoc
visits (i.e. “required by the circumstances”).
41
3
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents