-69
3.3.6. Ensuring detainees’ safety
Anybody who speaks with a detainee for the purposes of collecting
information on how he/she or his/her fellow detainees are treated, must keep
in mind the possibility for undermining his/her safety. How can detainees’
safety be compromised? Even though Article 21 of the OPCAT specifically
prohibits any sanction against any person for having communicated to the
NPM any information, in a detention context, retaliation against detainees
who have done this can take place in a variety of ways: through direct
physical attacks or threats, through formal or informal punishments, by
withdrawing their formal and informal privileges, through instigating
inter-prisoner violence, by submitting negative opinion in early release
proceedings, by refusing work, by targeting relatives and friends during
visits, etc. The legal framework under which detention facilities operate
throughout Europe still bears marks from the past when putting somebody
in detention amounted to total submission to detention authority, and no
rights and no safeguards against abuse of power. This makes prisoners
extremely vulnerable. This is of course much more so in the case of
prisoners in a situation of vulnerability.
How to prevent such retaliation? How to ensure that the “do no harm”
principle is fully respected? The key to addressing such safety concerns is
paying constant attention to them before, during and after the visit.
Before the visit the delegation can collect information about safety
conditions in the particular detention facility from its previous reports,
from NGO reports, media, former prisoners and international reports. It
should discuss safety and include safety measures in planning the visit,
and should train members of the monitoring team on how to implement
them. Although it may not be easy, especially where the monitoring team
visits the detention facility for the first time, it should try to come up with
a preliminary assessment of the safety risks, however rough.
The key to ensuring detainees’ safety is the monitor’s behaviour during
the visit. Here the experience suggests some bright-line rules, which must
apply in high risk situations:
• When selecting individual detainees for interviews, choose within large
groups on a random basis;
Prisoners in a Situation of Vulnerability
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents