CURRENT PRACTICE – TAKING STEPS TO SAFEGUARD MANDATES Legally challenging mandate restrictions – In New Zealand, the NPM questioned the authority of detention agencies to suspend all visits to places of deprivation of liberty, including statutory visitors like NPMs. The Human Rights Commission – which acts as the Central NPM – identified that such a measure is inconsistent with OPCAT, domestic legislation and constitutional conventions. “We wanted to push back against such measures immediately, in order to maintain the possibility to visit, if it was safe and appropriate for us to do so.” Recognized as “essential workers” – In South Africa, there is a Presidential order forbidding all visits to prisons – including for the NPM. The NPM has worked to have their members and staff recognized as “essential workers”. They have received accreditation to that effect, which allows them to carry out some monitoring work despite curfew and restrictions of movement (e.g., roadblocks). In Cape Verde, the NPM has made a similar request for accreditation to safeguard its visiting privileges. B. EXPLORING THE BROAD SCOPE OF THE NPM MANDATE to COVID-19 into Armenian and sent it to the relevant authorities, including the Supreme Judicial Council, the Prosecutor General’s Office and the Ministries of Justice The COVID-19 pandemic sheds light on the full spectrum and Health, in order to inform the government’s actions of roles NPMs play in preventing torture and ill-treatment. according to these standards. In some contexts, NPMs While visits to places of detention are often the most are involved in crisis management and response. In Italy, visible aspect of the NPMs’ monitoring mandates, they the President of the NPM is part of the Ministry of Justice’s represent but a fraction of NPMs’ work. Information task force on detention and COVID-19, with the authorities gathering, analysis (including triangulation), interviews, recognizing the key role of NPMs in a crisis of this nature. 12 dialogue with the authorities, comments and recommendations on legislation and policy, play an important Faced with challenges in accessing places of deprivation part in thorough and effective monitoring. of liberty, NPMs should strengthen their role as advo- 13 cates for transparency and accountability, by publishing Thanks to their combination of in-depth knowledge and and disseminating data that they gather through their understanding of all types of places of deprivation of lib- monitoring. NPMs disclose information both to the public erty, their constructive dialogue with relevant authorities at large and to the families of those deprived of liberty. and independent scrutiny, NPMs are uniquely placed to In Brazil, for example, the Local Preventive Mechanism contribute to the discussion on how to address the cur- of the State of Rio de Janeiro publishes weekly moni- rent situation from a preventive perspective. In several toring reports consolidating all the information gathered countries, NPMs have engaged early and proactively through their remote monitoring activities, including with authorities to request information, offer support and health and sanitary conditions, preventive measures explore possible solutions in collaboration. In Armenia, adopted by detention authorities, and COVID-19 cases the NPM immediately translated the guidance of the and deaths inside places of detention.14 In Italy, the NPM UN Subcommittee on the Prevention of Torture related publishes an online bulletin on an almost daily basis.15 12 See OPCAT, Art. 19, for the large scope of the NPM mandate. 13 For detailed guidance on monitoring, see APT, Monitoring Places of detention: A Practical Guide, 2004. 14 See, Mecanismo Estadual de Prevenção e Combate à Tortura do Rio de Janeiro, ‘Relatória Parcial sobre os impactos do COVID-19 no Sistema Prisional do Rio de Janeiro [Monitoring reports on the impacts of COVID-19 on the Prison system of Rio de Janeiro’], 03 May 2020. 15 Italian NPM, ‘Il Garante Nazionale Nei Giorni Dell’emergenza Covid-19, [The national authority for the rights of persons deprived of liberty in the days of the COVID-19 emergency’]. 6