MONITORING PLACES OF DETENTION : A PRACTICAL GUIDE
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reports, frequently precisely because of that independence and the
perception that this makes the findings more frank. However, the legal
basis for monitoring can often be weak, based on a written agreement
with the different ministries, or even individual minister, concerned,
which leaves the monitors dependent on the political will of the
authorities. In some countries, lack of funding even for travel costs
can make the task of consistent monitoring almost impossible for such
independent groups.
2. VISITING
MECHANISMS AT THE INTERNATIONAL AND REGIONAL
LEVEL
The practice of international bodies conducting visits to places of
detention is a relatively recent development. The ICRC was the first
to receive such a mandate, in the context of armed conflicts, to visit
prisoners of war. Later, the mandate was extended through the right of
initiative, allowing it to visit detainees, with the agreement of the concerned government, during internal troubles or tensions. ICRC’s recommendations may also cover common-law detainees.
Most existing international mechanisms entitled to visit places of
detention function essentially in a reactive manner, and carry out
on the spot visits following receipt of information of torture or illtreatment (e.g. UN Special Rapporteurs, CAT). Few have the mandate
to regularly and proactively carry out visits (e.g. Special Rapporteur
on prisons and conditions of detention in Africa). These mechanisms
can only carry out on-site visits with the authorisation of the State
concerned.
Two international bodies work on a radically different basis. The
European Committee for the Prevention of Torture (CPT) was, in
1987, the first body set up specifically to carry out preventive visits to
places of detention. Upon ratification of the Convention, State Parties
accept visits of the CPT at any time to any place where persons are
deprived of their liberty. The Sub-Committee to the Committee
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