Guidebook MONITORING PLACES OF DETENTION 4. MONITORING PLACES OF DETENTION344 Key points 1 2 If the mandate to monitor places of detention lies with another domestic human rights body (e.g. NPMs), NHRIs should ensure close cooperation and coordination, by e.g. exchanging information, conducting joint activities, and following up on respective recommendations. However, if no specialised monitoring body exists, NHRIs should conduct monitoring visits to places of detention, whilst at the same advocating for the establishment of an NPM. Procedural safeguards in the early stages of detention have been recognised as one of the most effective guarantee to prevent torture and ill-treatment as well as violations of the right to a fair trial and the right to liberty and security. With their powers and access, monitoring bodies can play an important role in verifying that procedural rights are effectively implemented in practice and that information on rights is given and understood. Hence, human rights bodies with a monitoring mandate should consider prioritising procedural rights in their monitoring strategies. If necessary, they should reflect on how to adapt their methodology. To monitor procedural safeguards, they could for example: »» »» »» »» »» 82 Check the relevant documentation, e.g. letter of rights, list of duty lawyers, verify custody and detention registers, audiovisual records etc Check the confidentiality of lawyer-client consultations Conduct private interviews with suspects and accused in police stations Use retrospective interviews not only with detainees in police custody but also in pre-trial detention or in prisons Undertake special thematic visits, reports, surveys on procedural rights 3 NHRIs should make full use of EU laws while monitoring places of detention. For example, particularly useful for monitoring bodies could be EU law standards on the right to information, right of access to a lawyer and record keeping. PARIS PRINCIPLES The Paris Principles state that ‘a national institution shall be vested with competence to promote and protect human rights’. (1). According to the SCA, this includes monitoring as well as ‘unannounced and free access to inspect and examine any public premises, documents, equipment and assets without prior written notice (G.O. 1.2). OPCAT, ART 19 NPMs have the powers: (a) To regularly examine the treatment of the persons deprived of their liberty in places of detention; (b) To make recommendations to the relevant authorities with the aim of improving the treatment and the conditions of the persons deprived of their liberty and to prevent torture and other cruel, inhuman or degrading treatment or punishment, taking into consideration the relevant norms of the United Nations. CRPD, ART 33(2) Independent mechanisms should ‘protect’ and ‘monitor’ the implementation of the Convention. To ensure reliability, findings can be cross-checked and corroborated with information gathered from other sources and methods. 83