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

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?