CHAPTER 4: THE RULE OF LAW AND THE CORE PROTECTION MANDATE 4.5 Detention monitoring QUICK FACTS ABOUT NHRIS DETENTION MONITORING According to a recent survey, a high percentage of respondent NHRIs (83.6%) conduct visits to places of detention. The percentage in the Americas is 100%, with African NHRIs at 94.7% and the Asia Pacific at 91.6%. However, the figures were lower in Europe (61.9%). Most African, European and Asia Pacific NHRIs said there were other bodies empowered to visit places of detention (the percentage was notably lower in the Americas at 55.5%).10 FIGURE 2: NUMBER OF DETENTION VISITS IN 2008 0% 10% 20% Africa 30% 40% 50% 9 Americas 60% 1 2 70% 1 4 Asia Pacific 2 Europe -10 2 3 10-20 20-50 1 90% 100% 4 5 2 3 80% 50-100 1 2 100-200 200+ 3 2 1 1 2 No data OHCHR, Survey of National Human Rights Institutions: Report on the Findings and Recommendations of a Questionnaire Addressed to NHRIs Worldwide. 2009. www.nhri.net TABLE 4: NHRIS AND DETENTION MONITORING 11 MONITORING Has the State designated the existing NHRI as the national preventive mechanism and, if so, does the NHRI engage in regular visits to places of detention? Has the state designated another body as the national preventative mechanism and, if so, is there a mechanism for cooperation between this body and the NHRI? Resource: The Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Is the NHRI mandated and engaged in conducting prison visits to monitor conditions of detention (unannounced visits and private interviews with detainees)? Is the NHRI dealing with families of detained persons that appeal to the NHRI in case of irregularities? See also: Annex 2: Standing Instructions for NHRIs: Monitoring Places of Detention Other bodies included NGOs, government justice departments, or members of parliament. Other examples of visiting bodies included the International Committee of the Red Cross, magistrates and other members of the judiciary, UNHCR, public prosecutors or other statutory agencies and ombudsmen. 10 This is adapted from OHCHR, Guidance Note: National Human Rights Institutions and the Work of OHCHR at Headquarters and Field Level, 2007, op. cit. 11 59