inspectors who carry out this work should be knowledgeable about prisons and prison
management. They should have unlimited access to all places and people within
prisons and places of detention. They should also carry out unannounced inspections.
They should report to the head of the prison administration.
Internal inspection is not in itself sufficient. It is therefore essential that there should also
be a form of inspection which is independent of the prison system. At least some
members of the independent inspection team should have knowledge of prisons and
prison administration. There should also be specialist inspectors in subjects such as
health care and mental health, education, buildings and minority issues. The independence of the inspection is more likely to be safeguarded if its report is submitted to an
authority beyond the prison administration. One model for this is that the inspectors
should report to the government minister who has parliamentary accountability
for prisons.
The independent inspection team should also have the right to carry out inspections
following any serious incident or riot.
Independent inspections can be of benefit to staff, particularly where there is an
allegation of improper behaviour.
In some countries, the judiciary exerts some form of control or influence over prison
administrations because prisoners and others have the right to raise issues where they
consider there has been maladministration.
PRACTICAL RECOMMENDATIONS
■
The European Committee for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment recommends that those responsible for prison inspections
and investigations should visit regularly, preferably weekly or at least monthly.
Furthermore, if the investigation is conducted by a lay visiting body, it is desirable that
the investigators receive appropriate training and that they be recruited so as to
reflect the different elements in the community.
■
The European Committee further recommends that investigators should make
themselves visible, not restricting their contact to persons who have expressly
requested to meet them, but taking the initiative by visiting the prison's detention
areas and entering into contact with inmates. In addition, prisoners should have
confidential access to investigators.
■
In most cases, prison authorities do their best to administer prisons decently and
humanely. Many of the problems which they face are beyond their control. It is in
their interest that there should be independent inspection of prisons which can
confirm that this is the case.
■
There is a danger that the work done by independent inspection teams is
subsequently ignored. One way of ensuring that attention is paid to independent
inspections is by publishing their reports.
■
Local non-governmental organizations can play an important part in independent
inspection of prisons, both through direct action and by bringing matters to the
attention of governmental and intergovernmental inspectors.
■
The best safeguard of human rights in a prison setting is when the prison is open to
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