MONITORING PLACES OF DETENTION : A PRACTICAL GUIDE
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29, paragraph 1, of the United Nations Body of Principles for the
Protection of All Persons under Any Form of Detention or
Imprisonment.
Most States have established their own internal inspection mechanisms, which are sometimes supplemented by judicial control.
However, they have been slower to develop external independent
monitoring mechanisms.
1.1 Internal inspections
Most States have set up internal administrative inspections by a
government institution in charge of carrying out visits to places of
deprivation of liberty, as part of the normal running of big bureaucracies. The role of such an administrative body is usually limited to controlling the compliance of staff and procedures with national
standards, and administrative guidelines and regulations. It rarely
includes a broader approach involving issues such as the dignity and
human rights of the persons deprived of their liberty. It is thus possible for internal inspection procedures to carry out their mandate fully
and for conditions of detentionto remain incompatible with international human rights standards. This is one reason why internal monitoring is not sufficient in itself and must be complemented by external
independent monitoring.
1.2 Judicial inspections
As part of their mandate, judges and public prosecutors are often
responsible for carrying out regular visits to places of detention and
inspecting the conditions of detention. In some countries, a “supervisory judge” may visit prisons for sentenced criminals and decide on
matters related to the execution of the sentence. Judicial inspections
vary in frequency and quality. They can be effective when the judge
can issue binding decisions about prison conditions.
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