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EU Regional Workshop 27-28 March 2014 Transparency and Monitoring Immigration Detention

EU Regional Workshop 27-28 March 2014 Transparency and Monitoring Immigration Detention. O bjectives. What is the value added of monitoring? What are the different types of monitoring? Who monitors? What can NGOs/civil society do?. W hat is the value added of monitoring visits?.

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EU Regional Workshop 27-28 March 2014 Transparency and Monitoring Immigration Detention

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  1. EU Regional Workshop 27-28 March 2014 Transparency and Monitoring Immigration Detention

  2. Objectives • What is the value added of monitoring? • What are the different types of monitoring? • Who monitors? • What can NGOs/civil society do?

  3. 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

  4. What are the different types of monitoring visits? • «Photographicvisits» (few hours to half a day) togetan overallpicture of the place. • Monitoring for the purpose of investigation -individual case work • Monitoring for the purpose of prevention– seeks to avertsHRs violations at a systemiclevelbeforetheyhappen > document the situation thoroughly, analyse riskfactors, identifybothproblems and good practice. • Service providers….

  5. Both approaches are key to protecting rights of detainees and can be complimentary

  6. 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)

  7. 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

  8. Basic principles of monitoring • Do no harm • Respect authorities, detainees • Be credible • Be objective and impartial • Display sensitivity • Respect confidentiality

  9. 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?

  10. Who monitors?

  11. OPCAT Operational treaty which creates… an innovative and proactive system of preventive 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)

  12. OPCAT in global context System of monitoring visits At International and Regional Level: UN Thematic Procedure Prior agreement Reactive, occasional Non binding CAT Only in case of ‘systematic torture’ Prior authorisation SPT Regional European CPT (1987) UNHCR ICRC Armed conflict, prisoners of war Other situations, prior agreement Permanent and regular visits

  13. NPM & civil society in the national context: Internal administrative inspections Judicial inspections (prosecutors & judges) Place of immigration detention Civil Society Parliamentarians / Commissions NPM NHRI Ombusdmans

  14. OPCAT in Europe 32 NPMs

  15. What can NGOs/civil society do? • Look at ways of cooperating and sharing information among monitoring bodies • Review of legislation such as immigration or asylum laws • Individual interventions and referrals • Advocacy «give voice to the visiting bodies findings» • Media «be strategic» • UN HRS bodies and mechanisms

  16. APT resourceswww.apt.ch

  17. … a specific Practical Manual on Monitoring Immigration Detention due out later this year.

  18. Thank you Questions and comments?

  19. Thematic Group Work Monitoring 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?

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