THE ROLE OF NATIONAL HUMAN RIGHTS INSTITUTIONS IN DETENTION MONITORING Harvard Law School’s Human Rights Program (HRP) in partnership with OHCHR March 23, 2009 ICC22-GENEVA ICC22 Workshop on Detention

Introduction Objectives of the project  Spotlight on NHRIs  Cross-cutting approach  Protocol and methodology  Effectiveness benchmarks  Beyond OPCAT  Reference tool for NHRIs and other stakeholders

A preliminary framework of analysis Legal and administrative frameworks Material conditions and treatment Vulnerable populations Prison authorities and personnel Domains of detention Access to detention facilities NHRI

Exploring the framework Access to detention centers Access to all places of detention police custody Incl. military and security forces installations, police custody, state and federal jurisdiction Visitation without prior notification: how does type of intervention impact on outcome/follow- up? Access to facilities holding vulnerable groups e.g. juvenile correction facilities, psychiatric institutions Systematic periodic visitation or urgent actions in response to alleged violations

Exploring the framework Legal and administrativ e frameworks Complaints procedures are in place Challenging detention through judicial channels Do you have access to registers of detainees Are detainees segregated according to their legal status, age and gender Is the NHRI formally recognized as a independent monitoring body by detention authorities and detainees?

Exploring the framework Domains of detention What are the different types of detention facilities monitored by NHRIs Does this typology extend to non-deprivation of liberty measures such as electronic tagging/house arrest? What challenges are posed in terms of detention regimes across types of facilities Which types of facilities are ‘high risk’ in terms of punitive disciplinary regimes Does the office have jurisdiction over private, sector, international forces, high-security and death row?

Exploring the framework Material conditions and treatment of detainees Overcrowding, especially in pre-trial and remand facilities Environmental factors: access to natural light and the temperature inside cells The availability of medical services, including preventative care Provision of purposeful activity, educational and work programs Detainees should also be able to practice their religion freely

Exploring the framework Prison authorities and personnel Monitoring the recruitment, training and retention of detention personnel Cultivating working alliances with senior and lower-level detention personnel Education of prison authorities and personnel regarding applicable standards Can the office seek redress for failure to report instances of abuse? Promote national level guidelines for professionals working in detention facilities

Exploring the framework Vulnerable groups Individuals in pre-trial and remand detention Individuals held in police custody Refugees, asylum seekers and migrants Children and juveniles Women, especially pre-natal and post-birth medical care Mentally-ill individuals Elderly and infirmed

Strengths of NHRIs as independent detention monitoring bodies An effective structure  Independence, jurisdiction and mandate  Recourse to legal action  Use of public advocacy tools  Resources and expertise  NHRI as intermediary  Legitimacy of the institution  Non-formal and contextual factors

Spotlight on ‘best practice’ and ‘lessons learnt’ in detention monitoring Documenting the activities and experiences of NHRIs protocol  Concrete initiatives and protocol  Use of judicial channels  Use of public exposure channels  Interaction with other stakeholders/ professional networks  Responsiveness of detention authorities  Opportunities and challenges  Benchmarks for ‘effectiveness’

Survey of NHRI experiences Access to detention facilities ‘Lack of external scrutiny of military detention facilities’ ‘Police obstruction to NHRI access to detainees in their custody’ ‘Jurisdiction is curtailed by regressive domestic legislation’ ‘For jail visits to be effective, it should be announced.’ ‘We have difficulties in accessing juvenile correction facilities and women’s prisons’