PART II
7
INVESTIGATION
OSCE staff should always keep in mind that persons in detention are in an extremely vulnerable situation and should do nothing that could unwittingly endanger detainees.
The visit should start with a visit to the director of the detention centre. It is important to
work in the spirit of good faith and collaboration instead of confrontation. It is good to become familiar with, and to take along a copy of, the UN Standard Minimum Rules on the
Treatment of Prisoners.
If possible, the OSCE staff member should talk to several detainees during the same visit in
order to avoid drawing attention to one particular detainee, who could be at risk of negative consequences after the visit. One option is to determine which cell block the desired
individual is in and then ask to interview several detainees from that cell block. The OSCE
staff member can then talk to several of the residents of that block, apparently chosen at
random, but including the individual of concern. If interviewing an individual detainee,
this should take place without witnesses. Even in private, however, detained persons may
not be willing to talk freely.
The purpose of the visit is not related to the guilt or innocence of the prisoner but to:
The lawfulness of the person’s detention;
Has he or she been detained arbitrarily or for administrative reasons, i.e., detained
without judicial authority?
The conditions of detention;
Is there adequate food, water, health care?
Do conditions comply with the UN Standard Minimum Rules?
Is there adequate access to a legal representative and/or family members?
Are there any signs of ill-treatment?
The length of pre-trial detention;
How long has the person been in detention?
What are the stated charges?
When can a trial be expected?
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