A/68/295
Independent oversight
81. Regular inspection of places of detention constitutes one of the most effective
preventive measures against torture. In this respect, the Special Rapporteur has
stressed the importance of the universal ratification of the Optional Protocol to the
Convention against Torture and the establishment of independent and professional
national preventive mechanisms (see, for example, the guidelines on national
preventive mechanisms (CAT/OP/12/5)).
82. The revision of Rule 55 creates an excellent opportunity to integrate the wellestablished, two-fold system of independent monitoring of places of detention that
allows for inspections to be carried out by governmental agencies and other
competent authorities distinct from those directly in charge of the administration of
the place of detention or imprisonment (see the Optional Protocol, arts. 5.6, 17
and 35, and the Body of Principles, principle 29). The revised Rule 55 should make
clear that the aforementioned inspection powers, as understood in the two-fold
system, require judicial control to be in place. In this respect, the Rules should
provide for the power of independent oversight mechanisms to have unimpeded
access (on a regular and an ad hoc basis), without prior notice, to all places of
deprivation of liberty, including police lock-ups, vehicles, prisons, pretrial detention
facilities, security service premises, administrative detention areas, psychiatric
hospitals and special detention facilities. They should be entitled to inquire and
access information and documentation, including registries, and have private,
unsupervised and confidential interviews with detainees of their own choosing. 16
Finally, the monitoring bodies should be able to make their findings public and
follow up on the outcome (United Nations Rules for the Protection of Juveniles
Deprived of their Liberty, rule 74).
Training relevant staff to implement the Rules
83. The Rules should ensure that education and information regarding the
prohibition against torture or other ill-treatment are included in the training of
corrections personnel, whether civilian or military, medical personnel and other
persons who may be involved in the custody, interrogation or treatment of any
individual subjected to any form of arrest, detention or imprisonment. Medical
personnel should receive specific training on the provisions contained in the Manual
on the Effective Investigation and Documentation of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (2000). Training programmes
should be envisaged to sensitize personnel to permissible methods and limitations
for searches and steps to prevent and remedy prison violence with techniques that
do not give rise to excessive use of force. Efforts should be strengthened to ensure
that personnel adopt a gender-sensitive and age-sensitive approach (see the United
Nations Rules for the Treatment of Women Prisoners) and are sensitive to the
particular needs of inmates who belong to marginalized groups by, for example,
providing guidance, instances and examples on principles of equality and
__________________
16
13-42285
See the Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and
Summary Executions, principle 7; the United Nations Rules for the Protection of Juveniles
Deprived of their Liberty, rule 72; the Body of Principles for the Protection of All Persons under
Any Form of Detention or Imprisonment, principle 29 (2); the Optional Protocol to the
Convention against Torture, arts. 14 (d) and 20 (d); and the Principles and Best Practices on the
Protection of Persons Deprived of Liberty in the Americas, principle XXIV.
21/23
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