3. THE IMPORTANCE OF INDEPENDENT INSPECTION OF PRISONS
Prison inspection is an important part of demonstrating compliance with this body of international standards. The international human rights instruments require that a system of external monitoring and control of prisons should be established. Some body or bodies not under the same administrative authority as the prison system should be able to inspect the conditions of imprisonment, assess whether there is ill-treatment, and report on their findings to a part of government that has the power to act on their findings.
UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, Principle 29:
1. In order to supervise the strict observance of relevant laws and regulations, places of detention shall be visited regularly by qualified and experienced persons appointed by, and responsible to, a competent authority distinct from the authority directly in charge of the administration of the place of detention or imprisonment.
2. A detained or imprisoned person shall have the right to communicate freely and in full confidentiality with the persons who visit the places of detention or imprisonment in accordance with paragraph 1 of the present principle, subject to reasonable conditions to ensure security and good order in such places.
UN Standard Minimum Rules for the Treatment of Prisoners, Rule 55:
There shall be a regular inspection of penal institutions and services by qualified and experienced inspectors appointed by a competent authority. Their task shall be in particular to ensure that these institutions are administered in accordance with existing laws and regulations and with a view to bringing about the objectives of penal and correctional services.
There are several reasons for this requirement about independent inspection. Prisons are by nature closed institutions, often far from the public eye, where one group of people has considerable power over another group. However well prisons are run, the potential for abuse is always present. The strong possibility that abuses will eventually be uncovered is also a protection for prison staff who want to resist a culture of ill-treatment and inhumanity but who may be under pressure from other staff. The publication of inspectors' reports keeps prisons and prison conditions in the public and political eye.