The NCHR does not have the mandate to conduct unannounced visits to places of deprivation of liberty. The NCHR informed the SCA that it has entered into cooperation with the Prosecutor General’s Office, the Ministry of Interior and other institutions to facilitate access to places of deprivation of liberty whilst continuing to advocate for the amendment of its law.

The SCA notes that the draft amendment of the NCHR law in Article 7 empowers the NCHR to conduct visits and inspections of all places of deprivation of liberty without prior notice and from legal or administrative restrictions. The SCA acknowledges the actions undertaken by the NCHR to carry out its mandate of monitoring detention facilities whilst also advocating for amendment of the law to explicitly provide for this function and authority.

The SCA, being cognizant that NHRIs mandate should include the authority for free access inspection and examination of any public premises, documents, equipment, and assets without prior written notice, recommends that the NCHR continue to advocate for the appropriate amendments to its law. The SCA is of the view, that the draft amendments in itscurrent form will address the SCA concerns.

The SCA refers to Paris Principles A.1, A.2, and to its General Observation 1.2 on ‘Human rights mandate’.