Should NPMs conduct both announced and unannounced visits?

Unannounced visits are defined by the fact that they are not notified to the authorities. They are usually part of the programme of visits, and can be either in-depth, thematic, or follow-up visits, although they can also take place in the margin of the programme of visits, as ad hoc or reactive visits to specific allegations or incidents. The OPCAT does not expressly uses the term “unannounced visits”, but this power is implied in Article 12(a), 14(c) and – in particular for NPMs - 20(c). The SPT has further clarified that the State should “ensure that the NPM is able to carry out visits in the manner and with the frequency that the NPM itself decides. This includes the ability to conduct private interviews with those deprived of liberty and the right to carry out unannounced visits at all times to all places of deprivation of liberty, in accordance with the provisions of the Optional Protocol3 ”.

NPMs may find that announcing their visits, especially in case of in-depth visits to large establishments, may facilitate the conduct and overall dialogue with the authorities. This would for example enable the NPM to gain specific information beforehand and agree on preliminary meetings, but also ensure that the director can make necessary arrangements for making the staff available and limit as much as possible the interference with everyday work. Visits are sometimes announced a few weeks - or only a few days - in advance without specifying the exact dates, in order to enable the authorities to prepare themselves while maintaining an element of surprise. Some visits, however, should usually be unannounced, in particular visits to police stations, where the risk of ill-treatment is usually greater than in other custodial settings. The “surprise effect” is also particularly relevant, as detainees may be at risk of being removed, hidden or transferred prior to the visit if it is announced.