MONITORING PLACES OF DETENTION : A PRACTICAL GUIDE 129 The nature of the proceedings will also be a relevant subject for inquiry. Proceedings should, as much as possible, comply with due process guarantees, for example regarding representation. Visiting mechanisms will need to bear in mind that disciplinary sanctions become ill-treatment if they are disproportionate to the offence committed, if they are arbitrary, or if they are an unjustifiable source of frustration or suffering. Mechanisms should look out for any tendency to devolve discipline to an informal hierarchy of detainees. This is prohibited. Reference points ■ What behaviour and acts are subject to sanction? ■ Who determines the sanctions and on what basis (written/oral report)? ■ Does the person have the possibility to defend him – or herself? ■ Is the person informed of the charges they face? ■ What are the nature and length of the sanctions imposed? ■ How does the appeal mechanism work? ■ Have any appeals resulted in a favourable outcome for the detained person? ■ How many were punished over a given period as compared with the total number of persons deprived of their freedom? ■ Is there any indication that punishment, or particular punishments, are disproportionately applied to minority groups. ■ Is there any indication that prisoners are involved in application of disciplinary measures? 2