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The Role of National Human Rights Institutions in Detention Monitoring

ICC22 Workshop on Detention. March 23, 2009 ICC22-Geneva. The Role of National Human Rights Institutions in Detention Monitoring. Harvard Law School’s Human Rights Program (HRP) in partnership with OHCHR. Introduction. Objectives of the project. Spotlight on NHRIs Cross-cutting approach

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The Role of National Human Rights Institutions in Detention Monitoring

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  1. ICC22 Workshop on Detention • March 23, 2009 • ICC22-Geneva The Role of National Human Rights Institutions in Detention Monitoring Harvard Law School’s Human Rights Program (HRP) in partnership with OHCHR

  2. Introduction Objectives of the project • Spotlight on NHRIs • Cross-cutting approach • Protocol and methodology • Effectiveness benchmarks • Beyond OPCAT • Reference tool for NHRIs and other stakeholders

  3. A preliminary framework of analysis NHRI

  4. Exploring the framework

  5. Exploring the framework

  6. Exploring the framework

  7. Exploring the framework

  8. Exploring the framework

  9. Exploring the framework

  10. Strengths of NHRIs as independent detention monitoring bodies An effective structure • Independence, jurisdiction and mandate • Recourse to legal action • Use of public advocacy tools • Resources and expertise • NHRI as intermediary • Legitimacy of the institution • Non-formal and contextual factors

  11. Spotlight on ‘best practice’ and ‘lessons learnt’ in detention monitoring Documenting the activities and experiences of NHRIs • Concrete initiatives and protocol • Use of judicial channels • Use of public exposure channels • Interaction with other stakeholders/ professional networks • Responsiveness of detention authorities • Opportunities and challenges • Benchmarks for ‘effectiveness’

  12. Survey of NHRI experiences Access to detention facilities ‘Lack of external scrutiny of military detention facilities’ ‘Police obstruction to NHRI access to detainees in their custody’ ‘Jurisdiction is curtailed by regressive domestic legislation’ ‘For jail visits to be effective, it should be announced.’ ‘We have difficulties in accessing juvenile correction facilities and women’s prisons’

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