Preventing Torture An Operational Guide for National Human Rights Institutions • 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 detainees 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 detainees 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. Visiting 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. • Respect the authorities and persons deprived of their liberty Visiting 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. Detainees should also be treated with respect and courtesy. • Respect confidentiality It is critical that all members of the visiting team, including interpreters, respect the confidentiality of information provided by detainees during private interviews. No information should be released without the express consent of the detainee. • Respect security There are three aspects to the issue of security. Firstly, the visiting team should respect the security requirements of the facility and conform to internal rules. Secondly, the security of detainees – which is closely linked to the issue of confidentiality – should be a priority. Finally, members of the visiting 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 visiting team to determine how they respond to this advice. • Be objective and credible Visiting teams must strive to record available and observable facts and to engage with both staff and detainees in an independent and impartial way. Visitors should also be perceived as being impartial. The mandate of the visiting team – both what it can and cannot do – should be clearly explained to staff and detainees and no promises or undertakings should be made that cannot be kept. • 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 detention. 84 | Chapter 8: Monitoring places of detention