MONITORING PLACES OF DETENTION : A PRACTICAL GUIDE
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Mandate and powers regarding visits:
■
Access to all information regarding the number of persons deprived of liberty, their treatment and conditions
of detention;
■
Access to all places of detention and all facilities. In
exceptional circumstances, it is possible for a State to
temporarily postpone access to a place for urgent reasons such as the protection of national defence, public
safety, national disasters or serious disorder in the place
to be visited;
■
Opportunity to have interviews in private;
■
Liberty to choose the places to be visited and the persons to interview;
■
In addition, there is a provision to protect people in
contact with the Sub-Committee or the national preventive mechanism from any retaliation/sanction (art. 15).
After the visit, the Sub-Committee provides a confidential report
containing recommendations, which is transmitted to the States
Parties, and if relevant, also sent to the national preventive mechanism. The report is confidential but States can authorise its publication. Recommendations are not binding but the States have an
obligation to examine them and enter into dialogue on implementation measures. The OPCAT also foresees the establishment of a
special voluntary fund for supporting implementation of the recommendations.
If States refuse to co-operate, then the Sub-Committee can propose
to the UN Committee against Torture to adopt a public statement or to
publish the report.
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