Detention monitoring
During the past year, the Commission had to conduct further
investigations regarding individual cases, often brought to its attention by civil society organisations. Several incidents with regard to
matters of asylum and immigration law, which raised serious concerns, were further examined. Although the Commission’s mandate does not include the examination of individual cases and the
secretariat has no resources to do so, the NCPT reached out to the
competent authorities with requests for clarifications on certain individual cases. The Commission is not able, however, to conduct
case-by-case investigations on a routine basis.
2.2 Detention monitoring
The Commission’s inspection visits comprise the qualitative monitoring of living conditions and examination of the treatment of detainees from a fundamental rights perspective. The inspections are
carried out with or without prior notice. The composition of the
delegations differs from case to case, with the members being chosen according to their area of expertise, respectively. In the course
of the inspection visits, they conduct interviews with detainees
and persons subjected to measures of restraint, as well as with the
administration and staffs of the respective facilities. They further
review all records and documents which are relevant to their monitoring mandate from a human rights point of view, i.e. house rules
and internal regulations, orders for the imposition of disciplinary
and security measures, orders for medical treatments without consent or restrictions of freedom of movement, and plans for the enforcement of correctional, administrative and treatment measures.
Following each inspection, the administration of the facility visited
first receives an oral feedback, in which the delegation summarises
its initial findings and provides the facility with a first opportunity to
respond. The delegation’s observations and findings are then summarised in a written report, and the recommendations are submitted to the responsible authorities for a response.
Activity Report NCPT 2017
13
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