Preventing Torture An Operational Guide for National Human Rights Institutions - Updated Edition Characteristics of preventive visits • Regular visits rather than one-off visits These visits are part of a systematic and ongoing process, which means that visits to any given place of deprivation of liberty will occur on a regular basis, based on a programme of visits reflecting the priorities and timeframe for such visits. • Proactive rather than reactive These 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.115 • Addressing systemic issues rather than individual situations These visits do not attempt to respond to individual cases. Instead, the focus is to analyse the place of deprivation of liberty as a system and assess all aspects related to the deprivation of liberty. The aim is to identify the root causes of ill-treatment and other human rights violations and finding ways to address them in view of affecting systemic change. • Based on cooperation rather than denunciation Preventive visits are part of an ongoing and constructive dialogue with the relevant authorities, providing concrete recommendations to improve the detention system over the long term. This chapter outlines a methodology for monitoring places of deprivation of liberty that can be applied by those NHRIs that have the legal mandate to perform this role. It also provides guidance on how to incorporate gender considerations in monitoring places of deprivation of liberty. There are certain powers that NHRIs require in order to effectively undertake preventive monitoring of detention facilities. These powers have been expressly set out, for the first time, in the Optional Protocol and include: • undertaking regular and unannounced visits to all places of detention • access to all types of places where persons are deprived of their liberty • access to all facilities within the place of detention • access to all necessary records and information • access to all persons deprived of their liberty and to any other person • liberty to choose the persons to interview and the location where the interview is carried out • the ability to interview persons deprived of liberty in private. When some of these powers are not granted, NHRIs should carefully weigh up the advantages and disadvantages of engaging in preventive monitoring activities. It is especially important that NHRIs are given the authority to conduct interviews with persons deprived of liberty in private. Basic principles of monitoring • Do no harm Persons deprived of their liberty are particularly vulnerable and their safety should always be a primary consideration. Monitoring teams should not take any action that could endanger an individual or a group. Poorly planned visits – or visits that do not follow basic principles and methodology – can potentially do more harm than good. At all times, monitoring teams should avoid that their actions lead to possible reprisals against any person who has interacted and spoken with them. 115 110 This does not prevent NHRIs from carrying out visits in response to specific events.