Part II Preventing torture: NHRIs in action | Section I Promoting an effective legal framework Non-refoulement (article 3) NHRIs should monitor whether domestic laws, as well as relevant policies and practices, are sufficient to respect and uphold the principle of non-refoulement, which is a key obligation of States parties under the Convention. In his capacity as Acting Chairperson of the Law Reform and Development Commission, the Ombudsman of Namibia has requested the Commission to make protection from torture a top priority. A workshop was held in April 2009 to prepare a report and a draft bill on torture, which the Ombudsman will submit to the Cabinet Committee on Legislation for tabling in Parliament. The Afghanistan Independent Human Rights Commission was a member of the Committee responsible for drafting the Law of Prisons and Detention Centers, which was adopted by the Afghan Parliament in July 2007. The Commission currently serves as a member of the Prisons High Council and successfully advocated for a civil society representative to also serve on the Council. 3. Reforming detention procedures Establishing a legal framework that includes the provisions outlined above is an essential component in prohibiting and preventing acts of torture and other forms of ill-treatment. However, detailed and concrete procedures are also required to ensure that the legal framework works effectively in practice. It may even be appropriate to include some of the most important procedures in the law itself. As torture nearly always takes place in secret, promoting greater transparency of places of detention is a substantial step towards prevention because it removes many of the opportunities for torture to occur. In addition, there are a number of other procedures that can provide important safeguards and help reduce the risk of ill-treatment of persons deprived of their liberty. NHRIs should actively promote and support the adoption of detention procedures that bring greater transparency and provide practical safeguards. 3.1. Detention procedures contributing to transparency The Committee against Torture, the Human Rights Committee and regional mechanisms recommend the adoption of a number of procedural safeguards that aim to reduce the risk of torture and ill-treatment in places of detention.24 No unauthorized places of detention Persons deprived of liberty should not be held in unauthorized places of detention. Unauthorized places of detention have no procedures or records and therefore provide no institutional protection to the detainee. It should be a criminal offence to hold persons deprived of their liberty in unauthorized places of detention. No incommunicado detention Incommunicado detention – which occurs when a person is isolated and has no contact with the outside world – creates an environment that is conducive to torture, especially when the situation is prolonged. All persons deprived of their liberty should be allowed to receive visits from a lawyer, family members 24 See the Committee against Torture’s general comment No. 2 on the implementation of article 2 by States Parties, in particular paragraph 13, which states: “[c]ertain basic guarantees apply to all persons deprived of their liberty (…). Such guarantees include, inter alia, maintaining an official register of detainees, the right of detainees to be informed of their rights, the right promptly to receive independent legal assistance, independent medical assistance, and to contact relatives (…)”. See also the Human Rights Committee’s general comment No. 20 concerning prohibition of torture and cruel treatment or punishment (article 7). Chapter 3: Promoting legal and procedural reforms | 31