Part II: Preventing torture: NHRIs in action
situations and where, necessary, expressing an opinion on
the positions and reactions of the government.
(b) To promote and ensure the harmonization of national legislation,
regulations and practices with the international instruments to
which the State is Party and their effective implementation.
ACJ Reference on Torture
Alternative measures to combat torture
NHRIs should work with the Governments to improve the current
infrastructure of detention facilities so as to ensure that human
dignity is respected.
Monitoring
NHRIs should also take a proactive role in monitoring detention
facilities. In order to facilitate this role, NHRIs (and any other
monitoring agencies) should have free and unfettered access to all
places of detention, the ability to interview persons in private and full
access to all relevant documentation. The monitoring team should
be multi-disciplinary and include lawyers and medical personnel.
Introduction
While the Paris Principles do not expressly mention “monitoring” as a key mandate of NHRIs, one of
their fundamental roles is to investigate violations of human rights, including those that occur in places
of deprivation of liberty.
NHRIs can monitor places of deprivation of liberty as part of an overall investigation strategy or as a
specific thematic activity.
NHRIs can establish a regular programme to monitor places of deprivation of liberty, based on the
goal of prevention rather than investigation. Regular preventive visits to places of deprivation of liberty
constitute one of the most effective means of preventing torture and ill-treatment. Some NHRIs have
already established a regular system to monitor places of deprivation of liberty, while others have
been designated as National Preventive Mechanisms (NPMs) under the Optional Protocol to the
Convention against Torture (read more in chapter 10). When monitoring places of deprivation of
liberty, NHRIs should apply a gendered and intersectional lens. This would allow them to understand
the differentiated impact of detention on groups in situations of vulnerability, including women and
LGBTI persons, and to adequately address their specific needs.
The preventive nature of these visits distinguishes them in purpose and methodology from other types
of visits that NHRIs may conduct and, in particular, from visits to investigate or document individual
complaints made by persons deprived of liberty.
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