PART B – International standards in the Istanbul Protocol 17 II. SPECIFIC SAFEGUARDS IN PLACES OF DETENTION 1. “PREVENTATIVE MECHANISMS” TO VISIT PLACES OF DETENTION “Preventative mechanism” is a term used in international human rights instruments to denote an independent body of experts, authorised to undertake regular visits to places where persons are deprived of their liberty, in order to prevent torture. The Istanbul Protocol reiterates the importance of periodic visits to places of detention as an effective tool to scrutinise national detention practices and as a means of preventing the systematic practice of torture. Significantly, the Istanbul Protocol states that independent commissions, set up at the national level and consisting of legal and medical experts should be given periodic access to places of detention. The Istanbul Protocol also cautions against the negative effect of well-intentioned non-specialists of official institutions and NGOs visiting places of detention and being counterproductive to ongoing investigations into allegations of torture. The principle that places of detention should be visited by independent experts is also set out in the UN Body of Principles for the Protection of All Persons under Any Form 20 of Detention or Imprisonment. The former UN Special Rapporteur on torture also expressed the need for inspection of places of detention: “Regular inspection of places of detention, especially when carried out as part of a system of periodic visits, constitutes one of the most effective preventive measures against torture.”21 The Istanbul Protocol provides that as a preventative measure, independent commissions should be set up at the national level, and given periodic access to places of detention. The recently adopted Optional Protocol to the United Nations Convention against Torture22 establishes a double system of prevention: national and international. A Subcommittee of the United Nations Committee against Torture has been established to conduct visits to places of detention in the territory of States parties to the Protocol. At the same time, State Parties must also establish, designate or maintain independent “national preventative mechanisms” to conduct periodic visits to places of detention and formulate recommendations to national au23 thorities. According to the Optional Protocol, these “early warning systems” can alert national authorities to emerging patterns of impermissible conduct in places of detention and practices that may be conducive to torture being practised. Some countries have established specific bodies that function as national preventative mechanisms, in others, national human rights commissions or similar bodies are authorised to undertake visits to places of detention as part of their mandate. To be truly effective, “preventative mechanisms” must: • Be independent and impartial • Be comprised of lawyers, doctors and others with expertise in the investigation and documentation of torture • Have unrestricted and unlimited access to all places of detention and to all detainees, with unhindered and confidential access for interviews (no third-persons) • Have the option to publicise their reports and formulate recommendations to national authorities for improvement in protection afforded to detainees • Establish a follow-up mechanism for their recommendations.