MONITORING PLACES OF DETENTION : A PRACTICAL GUIDE FOR NGOS
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constructive working relationship, in which the points of view of the
officials about their working conditions and any problems they might
have identified can also be obtained.
3.2. Visiting mechanisms at the national level
Monitoring detention conditions is, above all, the responsibility of
the national authorities in charge of persons deprived of their liberty.
Thus, Principle 29, paragraph 1, of the United Nations “Body of
Principles for the Protection of All Persons under Any Form of
Detention or Imprisonment” lays down: “In order to supervise the
strict observance of relevant laws and regulations, places of detention
shall be visited regularly by qualified and experienced persons
appointed by, and responsible to, a competent authority distinct from
the authority directly in charge of the administration of the place of
detention or imprisonment.”
Most States have established their own mechanisms for monitoring
places of detention and incorporated them into their legislation and
administrative regulations. In general, these are internal control
mechanisms and are an integral part of the detention system. In an
increasing number of countries, complementary external mechanisms
also exist which seek not to supplant but to supplement the internal
mechanisms.
The necessity to submit places of deprivation of liberty to external
independent monitoring at the domestic level was recognised by the
Optional Protocol to the United Nations Convention against Torture5.
This text contains an obligation for States Parties to “maintain, designate or establish (…) one or several independent national preventive
mechanisms for the prevention of torture at the domestic level.” (Art.
17). The text has been adopted by the United Nations General
Assembly in December 2002 and will enter into force after the 20th
ratification.
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