MONITORING PLACES OF DETENTION : A PRACTICAL GUIDE
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TABLE 1 : INTERNATIONAL AND REGIONAL VISITING MECHANISMS (SUITE)
TYPE
LEGAL BASIS
CHARACTERISTICS
International mechanisms
International
Committee of the Red
Cross
On the basis
of the Geneva
Conventions
(1949) for
situations of
conflict;
On the basis
of an
agreement
with the State
for other
situations.
• Monitoring of conditions of detention targeted
at persons arrested and detained in relation to a
situation of conflict or internal strife. In certain
situations, monitoring extends to other categories of persons deprived of their liberty;
• In the situation of an international conflict, the
States Parties to the conflict are obliged to
authorise visits to military internees and civilian
nationals of the foreign power involved in the
conflict;
• In other situations, visits are subject to prior
agreement by the authorities;
• Permanent and regular visits during a situation
of conflict or strife or its direct consequences;
relief or rehabilitation activities with the agreement of the authorities;
• Help to restore family links
• Confidential procedure and reports.
Regional mechanisms
Inter-American
Commission on Human
Rights
Special Rapporteur on
Prisons and Conditions
of Detention in Africa
• Country visits, including to places of detention,
American
to States Parties to the Convention or the
Convention on
Declaration;
Human Rights
• Each visit negotiated with the State concerned;
(1978)
• Public reports about the country situation.
American
Declaration of
the Rights and
Duties of Man
(1948)7
Following the
Kampala
Declaration,
established by
a Resolution
of the African
Commission
on Human and
Peoples’ Rights
(1996)
• Visits to States Parties to the African Charter
on Human and Peoples’ Rights;
• Visit only after agreement of the state concerned;
• General assessment of conditions of detention
and treatment;
• Reports are published after integration of comments and observations of state authorities concerned.
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