EU Regional Workshop March 2014 Transparency and Monitoring Immigration Detention

Objectives What is the value added of monitoring? What are the different types of monitoring? Who monitors? What can NGOs/civil society do?

What is the value added of monitoring visits? Transparency, accountability & strengthening public confidence Deterrence effect and reduce the risk of human rights violations First hand observations & regular contact with detainees Impact through constructive dialogue

What are the different types of monitoring visits? «Photographic visits» (few hours to half a day) to get an overall picture of the place. Monitoring for the purpose of investigation -individual case work Monitoring for the purpose of prevention – seeks to averts HRs violations at a systemic level before they happen > document the situation thoroughly, analyse risk factors, identify both problems and good practice. Service providers….

PREVENTIVEINVESTIGATION At any timeIn response to an allegation Human Rights basedBased on claimed violations Forward lookingLooking backwards (past acts and omissions) Focus on systemFocus on individual CollaborativeResolving a case/situation HolisticIndividualised Long termShort term Both approaches are key to protecting rights of detainees and can be complimentary

Elements of in-depth preventive detention monitoring Regular and unannounced visits to all places of detention By independent, multi-disciplinary teams To look at all aspects of treatment, conditions, administration of detention Making recommendations to improve practices and conditions Through constructive dialogue (ongoing follow-up)

Methodology - Key characteristics Multidisciplinary team Frequency and length of visits Listening and speaking with detainees and others (prison and medical staff) > interviews Observation: vigilance and being open minded Importance of cross checking and triangulating

Basic principles of monitoring Do no harm Respect authorities, detainees Be credible Be objective and impartial Display sensitivity Respect confidentiality

Some examples of what to look at Access to information in an accessible format Contact with outside world (lawyer, family) Access to culturally appropriate food? Leisure activities Unaccompanied children – not detained with adults Are staff trained in dealing with migrants / asylum seekers?

Who monitors?

preventive visits an innovative and proactive system of preventive visits to places where persons are deprived of their liberty by independent bodies : UN Sub Committee for the Prevention of Torture (SPT) National Preventive Mechanism s (NPMs) OPCAT Operational treaty which creates…

OPCAT in global context System of monitoring visits At International and Regional Level: CAT Only in case of ‘systematic torture’ Prior authorisation Regional European CPT (1987) UN Thematic Procedure Prior agreement Reactive, occasional Non binding ICRC Armed conflict, prisoners of war Other situations, prior agreement Permanent and regular visits SPT UNHCR

NPM NHRI Ombusdmans Judicial inspections (prosecutors & judges) Parliamentarians / Commissions Civil Society NPM & civil society in the national context: Internal administrative inspections Place of immigration detention

OPCAT in Europe 32 NPMs State PartiesRatification DateNPM Type AlbaniaOctober 2003People’s Advocate - NHRI NPM Unit ArmeniaSeptember 2006HRs Defender’s Office - NHRI NPM Unit AustriaDecember 2012Austrian Ombudsman Board AzerbaijanJanuary 2009Commissioner for HRs - NHRI NPM Unit BulgariaJune 2011Ombudsman CroatiaSeptember 2006Ombudsperson’s Office CyprusApril 2009Office of the Commissioner for Administration – NHRI NPM Unit Czech RepublicJuly 2006Public Defender of Rights - Ombudsman

State PartiesRatification DateNPM Type DenmarkJune 2004Danish Parliamentary Ombudsman EstoniaDecember 2006Office of the Chancellor of Justice - NHRI FranceNovember 2008General Inspector of Places of Deprivation of Liberty – New Institution GeorgiaAugust 2005Public Defender – Ombudsperson Office GermanyDecember 2008National Agency for the Prevention of Torture – New Institution GreeceFebruary 2014Ombudsperson Office HungaryJanuary 2012Commissioner for Fundamental Rights LiechtensteinNovember 2006Corrections Commission – New Institution

State PartiesRatification DateNPM Type LuxemburgMay 2010Ombudsperson’s Office MaltaSeptember 2003Two Boards: Board of Visitors for Detained Persons; Board of Visitors for Prisons – Multiple Institution MoldovaJune 2006Moldovan Centre for HRs + Consultation Council – NPM + MontenegroMarch 2009Protector on HRs and Freedom - NHRI NetherlandsSeptember bodies – Multiple Institution NorwayJune 2013Parliamentary Ombudsman PolandSeptember 2005HRs Defender’s Officer – NHRI NPM Unit PortugalJanuary 2013Ombudsperson’s Office SerbiaSeptember 2006Protector of Citizens SloveniaJanuary 2007HR Ombudsperson’s Office + NGOs -NPM+ SpainApril 2006Ombudsperson’s Office SwedenSeptember 2005Parliamentary Ombudsman + Chancellor of Justice

State PartiesRatification DateNPM Type SwitzerlandSeptember 2011National Commission for the Prevention of Torture – New Institution TurkeySeptember 2011NHRI UkraineSeptember 2006Parliamentary Commissioner for HRs – NHRI NPM Unit UKDecember bodies designated – coordinator HMIP

What can NGOs/civil society do?  Look at ways of cooperating and sharing information among monitoring bodies  Review of legislation such as immigration or asylum laws  Individual interventions and referrals  Advocacy «give voice to the visiting bodies findings»  Media «be strategic»  UN HRS bodies and mechanisms

APT resources

… a specific Practical Manual on Monitoring Immigration Detention due out later this year.

Thank you Questions and comments?

Thematic Group Work Monitoring Methodology: -what type of monitoring do you do? -what works well and not so well? -what challenges have you faced? -what strategies have been used to address the challenges? which strategies have been the most successful? -collaboration with other actors: Do you work with other actors? Who and how? Has this been successful? -what regional initiatives would be useful?