Monitoring requirements
•
Regular and unannounced visits by independent monitoring bodies (including NHRIs) to
places of detention play an important proactive role in preventing torture.
•
Any monitoring bodies must have all the powers required to conduct professional
monitoring, including access to all relevant information, the right to conduct interviews in
private and unrestricted access to premises.
•
Monitoring must cover all places where persons are deprived of liberty, including police
stations, prisons, administrative detention facilities, military detention centres, juvenile
detention centres and social care institutions such as psychiatric hospitals. The monitoring
team should be multi-disciplinary and include lawyers and medical personnel.
•
Particular issues to be considered when monitoring places of detention include treatment,
protection measures, material conditions, regimes and activities, medical services, prison
staff and detention by police.
•
OPCAT will establish a system of regular visits to places of detention carried out by
complementary international and national independent expert bodies.
•
At the national level, state parties will establish national preventive bodies. These could
include NHRIs. At the international level the relevant body is a sub-committee of the
Committee against Torture which is also mandated to advise the relevant national bodies.
Training
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Articles 10(1) and 16(1) of the CAT require states to provide education and information
regarding the prohibition against torture and cruel, inhuman or degrading treatment or
punishment to law enforcement personnel, civil or military, medical personnel, public
officials and any other persons involved in the custody, interrogation or treatment of
persons who are detained.
•
The state’s involvement in the training of all relevant personnel plays an important role in
the fulfilment of a state’s obligation to prevent torture and cruel, inhuman or degrading
treatment or punishment.
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