Section 3 Activities of the NPM 3.1 Visits to places of detention – strategic considerations What is a “preventive” visit? As the name suggests, preventive visits aim at preventing torture and other forms of ill-treatment. The OPCAT clarifies that these visits shall be undertaken “with a view to strengthening, if necessary, the protection of persons [deprived of their liberty] against torture and other cruel, inhuman or degrading treatment or punishment” (Art.19.a) and “with the aim of improving the treatment and the conditions of the persons deprived of their liberty” (Art.19.b). In more concrete terms, a preventive visit can be understood as any visit to a place of deprivation of liberty, with the objective of identifying root causes of ill-treatment and other human rights problems, understanding systemic issues and finding ways to address them. Preventive visits do not seek to react to specific incidents or allegations, but rather to ensure that the environment itself is less likely to give rise to such incidents and allegations. They are therefore proactive and can take place at any time, even when there is no apparent problem. The emphasis of preventive visits is on the place of detention understood as a system rather than on the individual, while the ultimate goal is to improve the protection of all individuals against torture and other ill-treatment and, more generally, to ensure their rights and dignity are respected. Preventive visits are part of an ongoing and constructive dialogue with relevant authorities, to improve the detention system over the long term. Preventive visits can be in-depth, thematic, ad hoc, or aim to follow-up on previous visits. What are the different “types” of visits? The purpose and type of each visit will govern how the team proceeds and should therefore be specifically defined beforehand. In broad outline, there are five generic types of visit: 1. In-depth visits: So-called in-depth visits are by nature preventive, as they aim at having an understanding as comprehensive as possible of the place visited (prisons, police stations, psychiatric institutions, or others). In large institutions, in-depth visits generally last several days and up to a few weeks, as they intend to cover all aspects of conditions and treatment in the facility. During such visits, a broad range of issues will be thoroughly analysed, from procedural safeguards and food to healthcare and staff working conditions. In-depth visits, particularly to large establishments, require a multidisciplinary team with a diversity of expertise and competences. All facilities across a given country should be at least once the object of an in-depth visit. In-depth visits can be either announced or unannounced, although announced visits have the advantage of easing the work of both the visiting team and the staff working in the facility, particularly in large establishments, such as prisons or psychiatric institutions. 14 NPM Toolkit for Asia Pacific NPM-NHRIs

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