Monitoring places of detention is an area where NHRIs may experience the most difficulty in balancing
their traditional protective mandate with a preventive approach. This might be particularly challenging
for NHRIs that have been designated as the National Preventive Mechanism (NPM) under the Optional
Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (OPCAT). The system of regular, unannounced, preventive visits established under
the Optional Protocol obviously differs significantly in its objectives, scope and methodology from
investigative visits carried out by NHRIs to document and respond to individual complaints. However,
the Optional Protocol includes certain guarantees and powers that can help resolve this challenge.
When an NHRI has been designated as a national preventive mechanism under the Optional Protocol,
its role and functions as NPM are also assessed by the GANHRI Sub-Committee on Accreditation
(SCA) as part of the Paris Principles accreditation process.
In recent years, a greater focus has been placed on the important role of NHRIs in preventing
human rights violations, in addition to their crucial role in promoting and protecting human rights and
fundamental freedoms.
The Nairobi Declaration, adopted during the Ninth International Conference of National Institutions
for the Promotion and Protection of Human Rights in October 2008, addresses the role of NHRIs in
the administration of justice and encourages their involvement in torture prevention. Indeed, several
provisions of the Nairobi Declaration are directly relevant for torture prevention, such as providing
training for law enforcement and correctional staff; conducting unannounced visits to police stations
and places of detention; reviewing standards and procedures; and promoting ratification of the
Convention against Torture and its Optional Protocol. The annual review of the implementation of
Nairobi Declaration during GANHRI meetings provides an additional motivation for NHRIs to be more
actively involved in the prevention of torture.
Subsequent declarations adopted during GANHRI international conferences also include provisions
that are relevant for torture prevention. In the Marrakech Declaration, adopted in October 2018,
NHRIs committed to monitor places of detention including through preventive visits. Furthermore, the
Amman Declaration and Plan of Action, adopted in November 2012, addresses the role of NHRIs in
promoting gender equality, including by preventing all forms of gender-based violence in places of
detention, through trainings, inquiries, law and policy reform, and promotion of the implementation
of the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for
Women Offenders (the Bangkok Rules). The annual review of the implementation of the declarations
adopted during GANHRI meetings provide an additional motivation for NHRIs to be more actively
involved in the prevention of torture.
The UN Human Rights Council, in its 2018 resolution on NHRIs,3 reaffirmed, among others, the key
role of NHRIs in contributing to the prevention of human rights violations and abuses and encouraged
them to continue undertaking a number of actions that are also relevant for torture prevention, including
promotion of ratification and implementation of international human rights treaties, promotion of legal,
policy and procedural reforms, training, education, public awareness and advocacy.
3
UN Human Rights Council, Resolution 39/17, National Human Rights Institutions, UN Doc. A/HRC/RES/39/17, 8
October 2018.
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