MONITORING PLACES OF DETENTION : A PRACTICAL GUIDE
37
For a long time, monitoring at the national level was based only on
inspections carried out by internal administrative bodies. But the
necessity to have a broader public scrutiny of places of deprivation of
liberty was more and more recognised and other forms of national
monitoring emerged, totally independent from the detaining authorities. In parallel, the idea of international control was also developed
and monitoring places of detention by international organs slowly
became a reality.
With the recent adoption of the OPCAT, based on preventive visits
to places of detention by both international and national visiting
mechanisms, a further step was taken towards establishing a global
system of mutually reinforcing international and national mechanisms.
It is also important to note that with the adoption of the OPCAT,
for the first time in an international instrument criteria and safeguards
for effective functioning of national visiting mechanisms are set out.
Sections 1 and 2 of this chapter provide an overview of the types
of existing mechanism at the domestic and international level respectively. Section 3 sets out the visiting mechanisms foreseen in the
OPCAT, with special reference to the national preventive mechanisms. Finally, section 4 deals with the question of the necessary
coordination between domestic visiting bodies, and with international
visiting bodies.
1. VISITING AT THE NATIONAL LEVEL
Monitoring detention conditions is, above all, the responsibility of
the national authorities in charge of persons deprived of their liberty.
“In order to supervise the strict observance of relevant laws and
regulations, places of detention shall be visited regularly by qualified
and experienced persons appointed by, and responsible to, a competent authority distinct from the authority directly in charge of the
administration of the place of detention or imprisonment." Principle
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents