Central National Preventive
Mechanism
OPCAT envisions a system of regular visits to all
places of detention.43 The designation of a central
mechanism aims to ensure there is coordination and
consistency among multiple National Preventive
Mechanisms so they operate as a cohesive system.
Central coordination can also help to ensure any gaps
in coverage are identified and that the monitoring
system operates effectively across all places of
detention.
The functions of the Central National Preventive
Mechanism are set out in section 32 of the Crimes
of Torture Act, and are to coordinate the activities of
the National Preventive Mechanisms and maintain
effective liaison with the SPT. In carrying out
these functions, the Central National Preventive
Mechanism is to:
• consult and liaise with National Preventive
Mechanisms
• review their reports and advise of any systemic
issues
• coordinate the submission of reports to the SPT
• in consultation with National Preventive
Mechanisms, make recommendations on any
matters concerning the prevention of torture
and ill-treatment in places of detention.
Monitoring process
While OPCAT sets out the requirements, functions
and powers of National Preventive Mechanisms,
it does not prescribe in detail how preventive
monitoring is to be carried out. New Zealand’s
National Preventive Mechanisms have developed
procedures applicable to each detention context.
2 The visit itself, during which the National
Preventive Mechanism monitoring team speaks
with management and staff, inspects the
institution’s facilities and documentation, and
speaks with people who are detained
3 Upon completion of the visit, discussions with
the relevant staff, summarising the National
Preventive Mechanism’s findings and providing an
opportunity for an initial response
4 A report to the relevant authorities of the
National Preventive Mechanism’s findings and
recommendations, which forms the basis of
ongoing dialogue to address identified issues.
The assessments undertaken by the National
Preventive Mechanisms take relevant international
human rights standards into account and, and involve
looking at the following six domains:
1 Treatment: any allegations of torture or illtreatment; the use of isolation, force and restraint
2 Protection measures: registers, provision
of information, complaint and inspection
procedures, disciplinary procedures
3 Material conditions: accommodation, lighting and
ventilation, personal hygiene, sanitary facilities,
clothing and bedding, food
4 Activities and access to others: contact with
family and the outside world, outdoor exercise,
education, leisure activities, religion
5 Health services: access to medical and
disability care
6
Staff: conduct and training.
The general approach to preventive visits, based on
international guidelines, involves:
1 Preparatory work, including the collection
of information and identification of specific
objectives, before a visit takes place
32
Human Rights Commission
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