“The law provides that PDH needs to obtain prior authorization from a judge in order to access premises where human rights violations are alleged to have occurred or to be occurring.
While the SCA notes that, in some circumstances, it may be necessary to provide notice for security reasons, it is of the view that an NHRI should be mandated to conduct ‘unannounced’ visits to all places of detention within its jurisdiction as this limits opportunities for detaining authorities to hide or obscure human rights violations and facilitates greater scrutiny.
The SCA encourages the PDH to advocate for the explicit mandate to conduct unannounced visits to all places of detention.
In the interim, the SCA encourages the PDH to continue to access all places of deprivation of liberty to effectively monitor investigate and report on the human rights situation in a timely manner. It further encourages the PDH to undertake systematic follow-up activities and advocate for the consideration and implementation of its findings and recommendations in order to ensure the protection of those detained.”