MONITORING PLACES OF DETENTION : A PRACTICAL GUIDE FOR NGOS
3
EDITOR'S
NOTE
For a quarter of a century, the Association for the Prevention of
Torture (APT) has defended the simple but new idea proposed by our
founder Jean-Jacques Gautier, that visits to places where people are
deprived of their liberty is one of the most effective ways of preventing torture and ill-treatment. The APT was thus at the origin of the
European Convention for the Prevention of Torture, adopted by the
Council of Europe, which established a Committee of the same name
empowered to visit, at any time, any place where a person is deprived
of his or her liberty in any State Party to the Convention. It is also at
the origin of the Optional Protocol to the United Nations Convention
against Torture and was actively involved, over the past ten years, in
the negotiations pertaining to this protocol. The text was finally
adopted by the UN General Assembly in December 2002.
International mechanisms of these kinds play a crucial role in the fight
against torture. They are, however, not sufficient.
This is why it is essential that the work of international mechanisms be complemented by visits at the national level. The importance
of external independent monitoring at the national level is increasingly being recognised and accepted. The text of the Optional Protocol to
the UN Convention against Torture also contains the obligation for
State Parties to “set up, designate or maintain at the national level one
or several visiting bodies”. Different independent actors have been
able to conduct unannounced visits to places where persons are
deprived of their liberty: ombudspersons, parliamentary commissions
and special visiting bodies. But civil society and in particular national
NGOs should also be recognised as necessary watchdogs.
In a number of central European countries, national NGOs have
been able to set up visit programmes. The APT and the OSCE's Office
for Democratic Institutions and Human Rights (ODIHR) consider that