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Date: April 29, 2024 Mon
Time: 10:29 pm
Time: 10:29 pm
Results for prison visitation
1 results foundAuthor: Ackermann, Marilize Title: Survey of Detention Visiting Mechanisms in Africa Summary: People held in places of detention are at risk of suffering violations of human rights because they are usually detained out of sight and their well-being is not prioritised by states. Domestic and international laws prescribe the procedures through which and conditions under which people may be held in detention. The function of detention oversight institutions is to ensure that state institutions comply with these human rights laws and are held accountable for any non-compliance. In most democracies which embrace the separation of powers, Parliament exercises oversight over the implementation of laws. Ministers and Cabinet are collectively answerable to Parliament for the implementation of and adherence to laws, primarily through the mechanisms of public reports made available to Parliament and the answering of Parliamentary questions, which may lead to the removal from office of ministers or state officials. Because of the particular risks posed by places of detention, traditional Parliamentary oversight has been supplemented by additional institutions exercising detention oversight employing a variety of oversight mechanisms. Some of these have arisen from international law while others are established by domestic laws. Two supra-national international oversight institutions have arisen though the United Nations Convention Against Torture (UNCAT) and the Optional Protocol to the UN Convention against Torture (OPCAT): - UNCAT creates the Committee against Torture (CAT), which monitors implementation of UNCAT through four mechanisms: the submission of regular reports by state parties; the considering of individual complaints or communications from individuals claiming that their rights under the Convention have been violated the undertaking of inquiries; and the considering of inter-state complaints. - OPCAT creates the Subcommittee on Prevention of Torture (SPT), which has a mandate to visit places where persons are deprived of their liberty in the states which are party to OPCAT. In addition, OPCAT requires that states that are party to OPCAT designate or establish an independent "national preventive mechanism" (NPM) for the prevention of torture at domestic level. NPMs need not consist of a single institution, but must have the mandate to inspect places of detention, monitor the treatment of and conditions for detainees and make recommendations regarding the prevention of ill-treatment. NPMs must also publish an annual report. African states which are party to OPCAT have designated existing National Human Rights Institutions (NHRIs) as their (NPM). The term "National Human Rights Institution" refers to independent state-funded institutions which promote and monitor the effective implementation of international human rights standards at national level and which comply with the Paris Principles. The Paris Principles do not explicitly require NHRIs to have a mandate to visit places of detention; however designation of an NHRI as a state's NPM would require the NHRI to have such a mandate. Regionally, a supra-national oversight institution in the form of the Special Rapporteur on Prisons and Conditions of Detention in Africa has arisen. It has the mandate to visit places of detention. The Committee for the Prevention of Torture in Africa, another regional body, is not strictly an oversight institution but seeks to support the development of national institutions. At national level, there exist detention oversight institutions specifically mandated to oversee places of detention, such as South Africa's Judicial Inspectorate of Correctional Services. There also exist rights institutions which have broad mandates, such NHRIs and Public Protectors (or Ombudspersons), whose mandates nevertheless may include responsibility for exerting oversight over places of detention. Broader mandates still, such as those of Parliament and the judiciary, may also include obligations to exert oversight over detention. All of these institutions may employ a range of mechanisms in carrying out detention oversight. Monitoring of places of detention through visits is one of the most important methods employed by oversight institutions or institutions which have oversight functions. Other methods may include compulsory reporting systems (for example, on deaths or punishments in custody), and complaints receiving systems. Associated oversight powers accorded to oversight institutions may include the power to make public reports and to: conduct investigations, make recommendations, impose disciplinary proceedings, and refer cases of abuse for prosecution. The extent to which oversight institutions are independent of the state and of the institutions over which they seek to exert oversight varies, as do the mechanisms of oversight and accountability with which they are empowered. This report seeks to describe selected oversight institutions and the oversight mechanisms they have adopted in Africa, in order to better understand detention oversight in Africa. This report also seeks to survey what monitoring and oversight have uncovered regarding conditions of detention in Africa. Details: South Africa: Civil Society Prison Reform Initiative, Community Law Centre, 2013. 52p. Source: Internet Resource: Accessed August 4, 2017 at: http://acjr.org.za/resource-centre/survey-of-detention-visiting-mechanisms-in-africa Year: 2013 Country: Africa URL: http://acjr.org.za/resource-centre/survey-of-detention-visiting-mechanisms-in-africa Shelf Number: 146695 Keywords: Detention CentersHuman Rights AbusesPretrial DetentionPreventive DetentionPrison Visitation |