MONITORING PLACES OF DETENTION : A PRACTICAL GUIDE
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b) Conformity with relevant national and international standards
In a second step, the visiting mechanism analyses whether the conditions of detention are in conformity with the relevant national and
international standards.
The visiting mechanism should not limit itself to noting whether
the aspects examined are in conformity with the standards: (i.e., what
actually is, compared with what should be) but try to explain, at least
in part, the causes of any deviations from the standards.
These are generally due to a combination of factors, e.g.:
■
National legislation does not correspond to international standards;
■
The standards are not applied or are only partially applied, for
instance because:
-
they are not sufficiently developed in substance for them to
provide a true framework for the work of the staff in charge of
persons deprived of their freedom;
-
the staff’s training is deficient as regards certain aspects of their
work and, as a result, their professional culture is at variance
with the standards;
-
the human or material resources available do not permit application of the standards.
c) Formulation of recommendations
The above analysis can be used in order to formulate more substantial and pragmatic recommendations, rather than simply reiterating the standards.
Moreover, understanding the problems and their causes means that
one can also:
■
■
identify the sensitive areas or the main problems;
integrate the time factor in the recommendations (i.e., what can be
done in the short, medium, and long term);
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