deprived of liberty (whether police custody, pre-trial
provide useful information. To that end, NPMs can re-
detention and administrative detention, or prison).
quest information from competent authorities about
38
As mentioned above, interviews with recently released
people recently released.
(including temporarily released) detainees may also
CURRENT PRACTICE – REMOTE MONITORING THROUGH INFORMATION COLLECTION BY NHRIS AND OMBUDS
INSTITUTIONS
Through the collection and processing of individual complaints, including in detention contexts, ombuds
institutions and NHRIs may be able to provide an insightful analysis of the situation to assist NPMs in fulfilling
their monitoring mandate.
In Portugal, where the NHRI performs the role of both NPM and ombudsperson (with some staff working
across mandates), intra-institutional co-operation and exchange of information has been strengthened during
this health emergency. As part of its remote monitoring activities, the NPM is able to update its knowledge on
the situation in places of deprivation of liberty by consulting the individual complaints received by the ombuds’
complaints department. The NPM has also strengthened its contacts with CSOs in contact with families of
individuals deprived of their liberty.
In Italy, where the NPM was created as a new specialised institution, close co-operation with the Italian ombuds network, as well as with CSOs that have regular contact with individuals deprived of liberty and their
families across the country, has also proved useful.
C. ON-SITE VISITS TO PLACES OF
DEPRIVATION OF LIBERTY
conjunction with other relevant guidance documents.41
In its advice to NPMs, the SPT stated, “it is incumbent
1. PREPARING FOR AN ON-SITE VISIT TO A PLACE OF
step-by-step guide to visiting, and should be read in
DEPRIVATION OF LIBERTY
on NPMs to devise methods of fulfilling their preventive
mandate in relation to places of deprivation of liberty
which minimise the need for social contact but which
The COVID-19 pandemic demands an adjustment of
nevertheless offer effective opportunities for preventive
the methodology and logistics of visits to ensure that all
engagement”.39 This section aims to assist NPMs in
health and hygiene precautions are in place in order not
this task by providing practical guidance on carrying
to expose the members of the monitoring team, persons
out on-site monitoring visits to places of deprivation of
deprived of their liberty, or staff to potential contamina-
liberty during the pandemic.40 This is not an exhaustive
tion. It is important to note that the circumstances may
de facto prevent NPMs from carrying out unannounced
38 See DIGNITY and PCATI, Documenting Torture While Providing Legal Aid: A Handbook for Lawyers, June 2016.
39 SPT Advice to States and NPM, para. 12.
40 See, ICRC, “COVID-19: Preparedness and Response in Detention”, 07 April 2020. See also, HM Inspectorate of Prisons,
‘Health and safety guidance for short scrutiny visits during the COVID-19 outbreak’ (hereafter HMI Prisons, ‘Health and
safety guidance’), 20 April 2020.
41 See, APT, Monitoring Places of detention: A Practical Guide, 2004; APT, Monitoring Police Custody, A practical guide’, 2013;
ICRC, “COVID-19: Preparedness and Response in Detention”; WHO, Interim Guidance, and “Prevention and control of COVID-19 in
prisons and other places of detention”.
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