Part II: Preventing torture: NHRIs in action • Respect the authorities and persons deprived of their liberty Respecting persons deprived of liberty and authorities is absolutely crucial for monitoring. Persons deprived of their liberty should always be treated with respect and courtesy. Monitoring teams should always respect the role and functions of the detaining authorities. Establishing mutual respect with the staff and management of the detention centre is the basis for building a constructive relationship and effective working practices. Monitoring teams should also be firm with authorities when it comes to implementing their mandate. While monitors should consider reasonable requests from the authorities, particularly regarding safety and security, it is essential that their independence and powers are respected in practice. • Respect confidentiality It is critical that all members of the monitoring team, including interpreters, respect the confidentiality of information provided by persons deprived of their liberty and others during private interviews. No information should be released without the express consent of the person who was interviewed. • Respect security There are three aspects to the issue of security. Firstly, the monitoring team should respect the security requirements of the facility and conform to internal rules. Secondly, the security of persons deprived of liberty – which is closely linked to the issue of confidentiality – should be a priority. Finally, members of the monitoring team must address the issue of their own security. The issue of personal safety may be raised by the authorities as a reason to not allow access to specific parts of a facility or to conduct interviews with certain detainees. It is ultimately the responsibility of each member of the monitoring team to determine how they respond to this advice. • Be objective and credible Monitoring teams must strive to record available and observable facts and to engage with both staff and persons deprived of liberty in an independent and impartial way. Monitors should also be perceived as being impartial. The mandate of the monitoring team – both what it can and cannot do – should be clearly explained to staff and persons deprived of liberty and no promises or undertakings should be made that cannot be kept. The objectivity and credibility of the information collected will be ensured through a robust triangulation (direct observation, analysis of documents and registers, and interviews). • Be consistent and persistent The legitimacy and credibility of the NHRI monitoring function will be established over time. This requires consistency, continuity and patience. The same methodology should be used consistently during its regular programme of visits to all places of deprivation of liberty. 1. Before the visit NHRIs should invest in training their visiting team in monitoring methodology, covering issues such as skills and attitudes during visits and interviews as well as drafting and reporting. Training can also include the use of gender-sensitive language and the implications of the principle of non-discrimination, as well as other specific trainings to deal with sensitive issues. 1.1. Negotiating access Most NHRIs have some access to places of detention as part of their general mandate. When this is not the case, the NHRI will need to negotiate access directly with the relevant authorities. The best way of ensuring long-term access to places of detention is to establish a memorandum of understanding with the relevant ministries or government departments (usually the Ministry of Interior and the Ministry of Justice, although it may also extend to ministries of health, immigration, social care 111