50
Annexes
V.
APT’s Principles of Detention Monitoring
The Association for the Prevention of Torture (APT) has developed the following principles of detention
monitoring, which the NPM has adopted as the basis for its visits.
1. Do no harm. Detainees are particularly vulnerable
and their safety should always be kept in mind
by visitors. Visitors should not take any action or
measure which could endanger an individual or a
group. In particular, in cases of allegations of torture
or ill-treatment, the principle of confidentiality,
security and sensitivity should be kept in mind.
Poorly planned or prepared visits, or visits not
conducted in respect of the methodology or of the
following basic principles, can actually do more
harm than good.
2. Exercise good judgment. Monitors should be aware
of the standards and rules against which they are
conducting their monitoring. However, whatever
their number, relevance and precision, rules cannot
substitute for good personal judgment and common
sense. Monitors should therefore possess and
exercise good judgment in all circumstances.
3. Respect the authorities and the staff in charge.
Unless a minimum of mutual respect is established
between the staff and the visiting team, the work
in the places of detention might be jeopardised.
Visitors should always respect the functioning of the
authorities and try to identify the hierarchic levels
and their responsibilities to address any problem
at the right level. While one can find individual
staff with inappropriate behaviour, many problems
stem from an inadequate system for deprivation
of liberty which fosters inappropriate behaviour.
Visitors should also take into account the fact that
staff working in places of detention are carrying out
a demanding job, often socially undervalued and, in
many countries, poorly paid.
4. Respect the persons deprived of liberty. Whatever
the reasons for deprivation of liberty, detainees must
be treated with respect and courtesy. The visitor
should introduce him or herself.
5. Be credible. Visitors should explain clearly, to
detainees and staff, the objectives and the limitations
of their monitoring work and behave accordingly.
They should make no promise that they are unlikely
or unable to keep and not take any action that they
cannot follow through.
Norway’s National Preventive Mechanism – Annual Report 2014
6. Respect confidentiality. Respect for the
confidentiality of the information provided in private
interviews is essential. Visitors should not make any
representation using the name of a detainee without
his or her express and informed consent. Visitors
should make sure that the detainee fully understands
the benefits as well as the possible risks or negative
consequences of any action taken on their behalf.
Visitors, medical doctors and interpreters are all
bound to respect confidentiality.
7. Respect security. Security refers to the personal
security of visitors, the security of the detainees who
are in contact with them and the security of the place
of detention.
It is important to respect the internal rules of the
places visited and to seek advice or request any
special dispensation from those in charge. Authorities
often invoke security reasons for not allowing visits
to specific places or put conditions on interviews with
specific detainees. It is ultimately the responsibility of
the visiting delegation to decide if and how they want
to follow this advice.
Visitors should refrain from introducing or removing
any object without the prior agreement of the
authorities. They should display their identity by
wearing a badge or other means of identification.
Regarding the security of the detainees visited, the
visitor should consider how to use information in
such a way as not to put individuals at risk. Visitors
should make repeat visits and meet again most of the
detainees seen previously to make sure they have not
suffered reprisals.
8. Be consistent, persistent and patient.
The legitimacy of the visiting mechanism is
established over time, as a result of the relevance,
persistence and consistency of its work. Monitoring
places of detention requires efficiency, regularity and
continuity. It implies visiting regularly the same
places, and building up enough evidence to draw well
founded conclusions and make recommendations.
It is essential to be persistent also in the follow-up
activities.
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