Comparative chart
COMPARATIVE CHART
Two Phases in 1996 Third Phase in 1997
Non-statutory. Regulatory basis one sentence in Decree of the Minister of Interior on Regulation of Police Jails.
Co-operation agreement between the National Police and
the Hungarian Helsinki Committee.
Circular issued by the Deputy of the National Chief of Police for Public Security
Hungarian Helsinki Committee (HHC) in co-operation with the Constitutional and Legislative Policy Institute (COLPI)
1993 – app. 1995
Non-statutory. National Guidelines drafted by the Police Board Hungary: Police Cell
Monitoring Programme
South Africa:
Community Visiting Schemes
1991
Lay visiting in Northern Ireland functions as in England and Wales, except visitors are not allowed into the holding centres, where persons arrested under the emergency laws are detained
Organised in panels, UK model.
Institutional base was first the Local Community Consultative Committees, later the Community Police Forums
Northern Ireland Lay Visiting Schemes
COMPARATIVE CHART
2. MANDATE
3. COMPOSITION Eligibility
Recruitment
• To monitor the welfare and treatment of PACE detainees in police detention;
• To examine the conditions of detention in police stations
”Lay people”. No particular professions required
Either recruited from the general public or from the local police authorities. Appointments are by the local Police Authorities (provinces) or the Home Secretary (the MPD)
• To monitor the treatment of people detained in police cells;
• To advise and inform, spontaneously or on request, the Corps Manageron matters regarding the police cells
Corps Managershould strive for the inclusion of a wide spectrum of relevant skills. In practice this has meant (in Amsterdam) jurists, doctors, pedagogues, teachers
Members appointed and
discharged by the Corps Manager, after consultation with the regional police board. No recruitment directly from the general public
England & Wales Lay Visiting Schemes
Netherlands Committees for the Monitoring of Police Cells
COMPARATIVE CHART
1996: To gather empirical data about the situation of pre-trial detainees in police cells and to compare them with national and international legal standards (fact-finding phase). Geographic limitations.
1997: To monitor conditions of pre-trial detainees (preserving character) and to monitor any changes.
No geographic limitations
Members of the HHC and COLPI.
Particular professions like lawyers, doctors, psychologists, teachers, sociologists or social workers required
HHC designate persons participating as monitors in the program. No recruitment of former employees
of any state organ or local government
To monitor the treatment and conditions of detainees at police stations
”Lay people” of ”good character”, resident in the area served by the police station
In most instances, members nomi-nated or seconded by the PCCG Hungary: Police Cell
Monitoring Programme
South Africa:
Community Visiting Schemes
COMPARATIVE CHART
4. MODALITIES OF VISITS
Access
Access within the premises
Interviews with detainees
At any time without prior announcement
All parts of custody area, cells, detention rooms, medical room (excluding the drugs cabinet), showers and relevant storage areas. Access to files with consent of detainee. Excluded are operational areas
With the prior consent of the detainee; out of hearing but within sight of escorting officer
At any time without prior announcement
Unlimited access to all places in police premises where people are deprived of their liberty, with the exception of places where people are being questioned in the course of a police investigation. Access to files with consent of detainee
With the prior consent of detainee England & Wales Lay
Visiting Schemes
Netherlands Committees for the Monitoring of Police Cells
COMPARATIVE CHART
At any time without prior announcement. In 1996 certain geographic limitations on what counties could be included
Holding and booking areas, cell blocks and cells. With consent, the documents related to the custody of a detainee
With consent of detainee, converse without restriction and control, but under security guard
Visits unannounced
Areas of the police station where persons are detained. A police officer to accompany visitors on visits to cells
With consent of detainee, interview out of hearing, but in sight, of the escorting police officer
Hungary: Police Cell Monitoring Program
South Africa:
Community Visiting Schemes
COMPARATIVE CHART
5. REPORTING
6. FEED-BACK
7. PUBLICITY AND ACCOUNTABILITY
Standard triplicate visit reports:
copies to police station, the chief constable, the Police Authority.
Specific concerns to be raised immediately
Different ways. Mostly feed-back directly from the local Police Commander
Police Authority meetings;
Police/Community Consultative Committees; limited use of media
Written report sent to the head of the inspected station
Once every three months the Committees meet to discuss the reports with the highest police officer, the Deputy Commander
Publication of annual report submitted for discussion during a public meeting of police councils’
committees for police matters England & Wales Lay
Visiting Schemes
Netherlands Committees for the Monitoring of Police Cells
COMPARATIVE CHART
Report on the opinions of the moni-tors expressed at the site sent to the head of the National PHQ, Public Order Department by the head of the branch of service involved with the activities of the HHC
The National Commander in Chief to make observations on the report before its publication
Summary report on the first half year of the programme published by the HHC. Later a comprehen-sive report of the findings published in book form
Standard triplicate reports, submitted to the police officer in charge of the station, to the district commissioner and one copy remaining in the possession of the visitor panel
Feed-back at police-community forum meetings
Reports channelled in verbal or written form to community forum meetings
Hungary: Police Cell Monitoring Programme
South Africa:
Community Visiting Schemes