deprived of liberty (whether police cus­tody, pre-trial provide useful information. To that end, NPMs can re- detention and administrative detention, or prison). quest information from competent authorities about 38 As mentioned above, interviews with recently released people recently released. (including temporarily released) detainees may also CURRENT PRACTICE – REMOTE MONITORING THROUGH INFORMATION COLLECTION BY NHRIS AND OMBUDS INSTITUTIONS Through the collection and processing of individual complaints, including in detention contexts, ombuds institutions and NHRIs may be able to provide an insightful analysis of the situation to assist NPMs in fulfilling their monitoring mandate. In Portugal, where the NHRI performs the role of both NPM and ombudsperson (with some staff working across mandates), intra-institutional co-operation and exchange of information has been strengthened during this health emergency. As part of its remote monitoring activities, the NPM is able to update its knowledge on the situation in places of deprivation of liberty by consulting the individual complaints received by the ombuds’ complaints department. The NPM has also strengthened its contacts with CSOs in contact with families of individuals deprived of their liberty. In Italy, where the NPM was created as a new specialised institution, close co-operation with the Italian ombuds network, as well as with CSOs that have regular contact with individuals deprived of liberty and their families across the country, has also proved useful. C. ON-SITE VISITS TO PLACES OF DEPRIVATION OF LIBERTY conjunction with other relevant guidance documents.41 In its advice to NPMs, the SPT stated, “it is incumbent 1. PREPARING FOR AN ON-SITE VISIT TO A PLACE OF step-by-step guide to visiting, and should be read in DEPRIVATION OF LIBERTY on NPMs to devise methods of fulfilling their preventive mandate in relation to places of deprivation of liberty which minimise the need for social contact but which The COVID-19 pandemic demands an adjustment of nevertheless offer effective opportunities for preventive the methodology and logistics of visits to ensure that all engagement”.39 This section aims to assist NPMs in health and hygiene precautions are in place in order not this task by providing practical guidance on carrying to expose the members of the monitoring team, persons out on-site monitoring visits to places of deprivation of deprived of their liberty, or staff to potential contamina- liberty during the pandemic.40 This is not an exhaustive tion. It is important to note that the circumstances may de facto prevent NPMs from carrying out unannounced 38 See DIGNITY and PCATI, Documenting Torture While Providing Legal Aid: A Handbook for Lawyers, June 2016. 39 SPT Advice to States and NPM, para. 12. 40 See, ICRC, “COVID-19: Preparedness and Response in Detention”, 07 April 2020. See also, HM Inspectorate of Prisons, ‘Health and safety guidance for short scrutiny visits during the COVID-19 outbreak’ (hereafter HMI Prisons, ‘Health and safety guidance’), 20 April 2020. 41 See, APT, Monitoring Places of detention: A Practical Guide, 2004; APT, Monitoring Police Custody, A practical guide’, 2013; ICRC, “COVID-19: Preparedness and Response in Detention”; WHO, Interim Guidance, and “Prevention and control of COVID-19 in prisons and other places of detention”. 15

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents