Should NPMs conduct both announced and unannounced visits? Unannounced visits are defined by the fact that they are not notified to the authorities. They are usually part of the programme of visits, and can be either in-depth, thematic, or follow-up visits, although they can also take place in the margin of the programme of visits, as ad hoc or reactive visits to specific allegations or incidents. The OPCAT does not expressly uses the term “unannounced visits”, but this power is implied in Article 12(a), 14(c) and – in particular for NPMs - 20(c). The SPT has further clarified that the State should “ensure that the NPM is able to carry out visits in the manner and with the frequency that the NPM itself decides. How to conduct a preventive visit? The conduct of preventive visits requires a specific methodology, which includes the preparation, the conduct itself as well as the follow-up to the visit. Some considerations are specific for each type of place (for example police stations, immigration detention facilities or women prisons), although there is a common basis for all. In broad outline, the conduct usually includes an initial talk with the director, a tour of the facility, interviews in private with both detainees and members of staff, observations, analysis of registers and other relevant documentation and a final talk with the director. All sources of information have to be triangulated (cross-checked) in order to ensure that the findings are objective and robust. What is the “average length” of a preventive visit? The length of a preventive visit will largely depend on the type of visit (in-depth, thematic, ad hoc, follow-up), as well as the size of the institution visited and the number of persons deprived of liberty within the establishment. Other factors impacting on the duration include the size of the monitoring delegation, its degrees of experience and expertise, as well as the problems that will be identified in the facility. While it is impossible to give precise indication regarding what would be the appropriate duration for a visit, the following remarks can be useful: 16 • Even a visit to a small facility, such as a police station, requires time in order to identify possible patterns of abuse and dysfunction. • All visits – and in particular in-depth visits – require following certain steps, from an initial talk with the director, a visit of the premises, interviews with detainees and staff, the analysis of documentation, to a final talk with the person in charge. In small facilities with few detainees, it is also recommended to conduct interviews with all, in order to mitigate the risk of reprisals. It is therefore not likely that any preventive visit, even to a small facility, could be conducted in less than one full day. • Visits to large establishments, with over 100 detainees and more, particularly in-depth visits looking at all aspects of detention, should last at least a few days. Some NPMs spend up to two weeks or even longer in large places of deprivation of liberty, such as prisons, immigration detention centers, or psychiatric hospitals. • Spending enough time in any given facility is the only way to have a real sense of the atmosphere of the place. Taking the time to observe engagements and processes provides a wealth of information and is an important component of any preventive visit. • A good preparation and a well-structure team work are the best way to ensure that time is spent efficiently in the facility. • The possibility of adding night visits as well as visits during weekends should also be taken into consideration when deciding on the duration of the visit. It is important to consider when the risks are higher to determine the best time for the visits (e.g. in police stations during weekends or in hospitals at night to see if people are treated differently during night shifts). NPM Toolkit for Asia Pacific NPM-NHRIs