EU Regional Workshop
27-28 March 2014
Transparency and
Monitoring Immigration
Detention
Objectives
• What is the value added of monitoring?
• What are the different types of monitoring?
• Who monitors?
• What can NGOs/civil society do?
What is the value added of monitoring visits?
• Transparency, accountability & strengthening public confidence
• Deterrence effect and reduce the risk of human rights violations
• First hand observations & regular contact with detainees
• Impact through constructive dialogue
What are the different types of monitoring visits?
«Photographic visits» (few hours to half a day) to get an overall picture of the place.
Monitoring for the purpose of investigation -individual case work
Monitoring for the purpose of prevention – seeks to averts HRs violations at a systemic level before they happen > document the situation thoroughly, analyse risk factors, identify both problems and good practice.
• Service providers….
PREVENTIVE INVESTIGATION
At any time In response to an allegation
Human Rights based Based on claimed violations
Forward looking Looking backwards (past acts and omissions)
Focus on system Focus on individual
Collaborative Resolving a case/situation
Holistic Individualised
Long term Short term
Both approaches are key to protecting rights of detainees and can be complimentary
Elements of in-depth preventive detention monitoring
• Regular and unannounced visits to all places of detention
• By independent, multi-disciplinary teams• To look at all aspects of treatment, conditions,
administration of detention• Making recommendations to improve practices
and conditions• Through constructive dialogue (ongoing follow-
up)
Methodology - Key characteristics
Multidisciplinary team
Frequency and length of visits
Listening and speaking with detainees and others (prison and medical staff) > interviews
Observation: vigilance and being open minded
Importance of cross checking and triangulating
Basic principles of monitoring
• Do no harm
• Respect authorities, detainees
• Be credible
• Be objective and impartial
• Display sensitivity
• Respect confidentiality
Some examples of what to look at
• Access to information in an accessible format• Contact with outside world (lawyer, family)• Access to culturally appropriate food?• Leisure activities • Unaccompanied children – not detained with adults• Are staff trained in dealing with migrants / asylum
seekers?
Who monitors?
an innovative and proactive system of preventivepreventive visits visits to
places where persons are deprived of their liberty by
independent bodies :
UN Sub Committee for the Prevention of Torture (SPT)
National Preventive Mechanisms (NPMs)
OPCAT Operational treaty which creates…
OPCAT in global context System of monitoring visits
At International and Regional Level:
CATOnly in case of ‘systematic torture’Prior authorisation
Regional European CPT (1987)
UN Thematic ProcedurePrior agreementReactive, occasionalNon binding
ICRCArmed conflict, prisoners of warOther situations, prior agreementPermanent and regular visits
SPT
UNHCR
NPMNHRI Ombusdmans
Judicial inspections(prosecutors & judges)
Parliamentarians/ Commissions
Civil Society
NPM & civil society in the national context:
Internal administrative inspections
Place of immigration
detention
Place of immigration
detention
OPCAT in Europe 32 NPMsState Parties Ratification Date NPM Type
Albania October 2003 People’s Advocate - NHRI NPM Unit
Armenia September 2006 HRs Defender’s Office - NHRI NPM Unit
Austria December 2012 Austrian Ombudsman Board
Azerbaijan January 2009 Commissioner for HRs - NHRI NPM Unit
Bulgaria June 2011 Ombudsman
Croatia September 2006 Ombudsperson’s Office
Cyprus April 2009 Office of the Commissioner for Administration – NHRI NPM Unit
Czech Republic July 2006 Public Defender of Rights - Ombudsman
State Parties Ratification Date NPM Type
Denmark June 2004 Danish Parliamentary Ombudsman
Estonia December 2006 Office of the Chancellor of Justice - NHRI
France November 2008 General Inspector of Places of Deprivation of Liberty – New Institution
Georgia August 2005 Public Defender – Ombudsperson Office
Germany December 2008 National Agency for the Prevention of Torture – New Institution
Greece February 2014 Ombudsperson Office
Hungary January 2012 Commissioner for Fundamental Rights
Liechtenstein November 2006 Corrections Commission – New Institution
State Parties Ratification Date NPM Type
Luxemburg May 2010 Ombudsperson’s Office
Malta September 2003 Two Boards: Board of Visitors for Detained Persons; Board of Visitors for Prisons – Multiple Institution
Moldova June 2006 Moldovan Centre for HRs + Consultation Council – NPM +
Montenegro March 2009 Protector on HRs and Freedom - NHRI
Netherlands September 2010 5 bodies – Multiple Institution
Norway June 2013 Parliamentary Ombudsman
Poland September 2005 HRs Defender’s Officer – NHRI NPM Unit
Portugal January 2013 Ombudsperson’s Office
Serbia September 2006 Protector of Citizens
Slovenia January 2007 HR Ombudsperson’s Office + NGOs -NPM+
Spain April 2006 Ombudsperson’s Office
Sweden September 2005 Parliamentary Ombudsman + Chancellor of Justice
State Parties Ratification Date NPM Type
Switzerland September 2011 National Commission for the Prevention of Torture – New Institution
Turkey September 2011 NHRI
Ukraine September 2006 Parliamentary Commissioner for HRs – NHRI NPM Unit
UK December 2003 20 bodies designated – coordinator HMIP
What can NGOs/civil society do? Look at ways of cooperating and sharing
information among monitoring bodiesReview of legislation such as immigration or
asylum lawsIndividual interventions and referrals Advocacy «give voice to the visiting bodies
findings»Media «be strategic» UN HRS bodies and mechanisms
APT resourceswww.apt.ch
… a specific Practical Manual on Monitoring Immigration Detention due out later this year.
Thank you
Questions and comments?
Thematic Group WorkMonitoring Methodology:
-what type of monitoring do you do? -what works well and not so well? -what challenges have you faced? -what strategies have been used to address the challenges? which strategies have been the most successful? -collaboration with other actors: Do you work with other actors? Who and how? Has this been successful? -what regional initiatives would be useful?