CURRENT PRACTICE – REMOTE MONITORING BY OBTAINING ACCESS TO FILES AND DOCUMENTS Part of an NPM’s regular monitoring activities is to request detailed information and documentation from relevant authorities or prison administrations, as their mandate permits.35 Since the outbreak of COVID-19, some NPMs and oversight bodies have requested access to such information remotely. The quantity and quality of the available information will depend on the authorities’ information-gathering practices and file/registration systems. Such information can include statistical data on arrests, arrest and detention records, prisoner file systems, occupancy rates and number of detainees per cell, policies and measures to prevent the spread of the virus, adapted and updated standard operating procedures, data on the use of force, on disciplinary sanctions, self-harm, suspected cases of ill-treatment and medical records (anonymised).36 In Brazil, the NPM requests information about infections and deaths inside the penitentiaries, as well as preventive health and sanitary measures being taken, from the prison administration. In order to adapt to the lack of physical access, an organization monitoring mental health facilities and health services in prisons (justice health facilities) in Australian New South Wales conducted remote visits. By obtaining remote access to relevant documents and looking at individual files, registers, interviews with the detaining authorities, it was able to conduct a large part of its traditional physical monitoring activities, remotely. Monitors complemented these measures with more regular meetings with relevant authorities. 2. CREATIVE WAYS OF GATHERING SECOND-HAND also been directly affected by the restrictive measures in INFORMATION place, they have often, themselves, been unable to meet their detained relatives in person. NHRIs and ombuds It may prove impossible to gather sufficient first-hand institutions, as well as CSOs and human rights defend- information for several reasons at present. While tri- ers’ networks can be important sources of additional angulating information received first-hand with other relevant information for NPMs on individual cases of (secondary) sources is part of the NPMs’ usual work- ill-treatment or torture, in particular, which may help ing methodology, the current challenges may require to inform the analysis of the overall situation. NPMs a heavier reliance on second-hand information and are also encouraged to strengthen and intensify their adapted triangulation methodology. communication and information exchange with unions of staff working in places of deprivation of liberty and Potential sources of information: The families and associations of families.37 relatives of those deprived of liberty are an important source for NPMs to turn to in their information-gathering Others such as lawyers, professors and social workers efforts. During the COVID-19 pandemic, NPMs around may have maintained open communication with, and the world have intensified their contact with families even had physical access to, persons deprived of liberty. and relatives of persons deprived of liberty, including They may therefore constitute valuable sources of addi- by establishing communication through social media tional information. It is not uncommon for lawyers to con- networks and apps. However, because families have duct some ‘indirect monitoring’ when visiting their clients 35 OPCAT, Art. 20(a) and (b), and relevant national legislation. 36 For prison file systems, see Mandela Rules, chapters 7-10. 37 Audrey Olivier-Muralt, ‘What Does Prison Monitoring and Oversight Mean in Times of COVID-19? ‘ in ICPA Expert Network on External Prison Oversight and Human Rights, Adapting To COVID-19, Prison Oversight and Monitoring During a Pandemic, Special Issue 20 April 2020, p. 30. 14