Preventing Torture An Operational Guide for National Human Rights Institutions - Updated Edition
sample of detainees based on previous information or a specific situation of risk (for example, recently
arrived detainees or detainees held under disciplinary sanctions, trans detainees).
A combination of both random and critical selection helps ensure that an appropriate cross-section of
detainees are interviewed and can contribute information to the preventive monitoring process. The
visiting team should make sure that they do not speak only with those detainees who seek to make
contact with them.
Ensuring the confidentiality of the interview is essential. The interview should be held out of hearing,
and preferably out of sight, of staff and other detainees. The choice of location for the interview is also
crucial, both for confidentiality and to build trust. Any location that would equate the NHRI monitor
with detention centre staff, such as administrative offices, should be avoided.
The NHRI visiting team should ensure gender diversity in their composition, as some persons deprived
of liberty can feel more at ease with an interviewer of the same gender. Monitors should be trained on
the use of appropriate language. When carrying out interviews to persons deprived of liberty, it is also
important to send a clear message of non-discrimination, including with regards to gender, gender
identity and sexual orientation.
Conducting individual interviews can be a time-consuming process. In order to optimize the time
available to the visiting team, it may be useful to hold a combination of individual interviews and group
discussions with detainees.
Group discussions enable the visiting team to have contact with more detainees and are useful
to hear about common concerns, get a sense of the mood or culture within the place and identify
individual detainees to interview in private. However, as there is no confidentiality, group interviews
exclude the possibility of discussing more sensitive issues. It is important to ensure that there is no
disclosure during group discussions of any information that may pose a risk of harm to an individual.
2.6 Discussions with staff
In addition to talking with the person in charge of the facility, it is also important for the visiting team to
speak with different members of staff. Although it might be difficult to carry out interviews in private, in
particular with security staff, the visiting delegation should try to talk with a representative selection of
staff. Other staff, members, such as medical doctors and social workers, should also be interviewed.
Staff members can all contribute very important information. They can raise issues for further
investigation, as well as contribute their own suggestions or opinions about problems within the
place. Talking with staff is also important in order to cross-check information or allegations received
from other sources.
Finally, any opportunity during the visit to engage in conversation with staff and detainees, including
informal talks, should be taken.
2.7 Final meeting with the person in charge
It is important to formally end the visit with a talk with the person in charge of the facility. This should
be arranged beforehand, and the visiting team should set aside some time to debrief and share
their findings prior to this meeting. The aim of the final talk is to provide a summary of facts found
and specific issues identified. Urgent cases should be raised immediately, although it may be wise
to address very serious cases directly to more senior officials. The final talk should also mention the
steps that will follow the visit, including the preparation of a written report of the visit which will be sent
to the relevant authorities.
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