National Preventive Mechanism

The National Commission for Human Rights of Rwanda designated as National Preventive Mechanisms (NPM) is a Constitutional, permanent and independent Institution which fully complies with the Paris Principles adopted in 1993. In fulfilling its mission, the Commission has autonomy in administrative and financial matters and is not subject to any instruction from another organ.

Following the ratification of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) on 30 June 2015, Rwanda had the obligation to establish a National Preventive Mechanisms (NPM) to ensure stronger protection for people deprived of their liberty.

An NPM aims to prevent torture and other cruel, inhuman or degrading treatment or punishment from taking place through regular monitoring of places of deprivation of liberty with or without prior notice.

The OPCAT is not prescriptive on the structure for the NPM. It is in this regard that in Rwanda, various consultative meetings with relevant State actors and key stakeholders including the Civil Society Organizations were conducted to define the appropriate NPM model for Rwandan context.

It is in this framework that the National Commission for Human Rights was designated as National Preventive Mechanisms (NPM) by the Law N°19/2013 of 25/03/20132013 modified by the Law N° 61/2018 of 24/08/2018 determining its mission, organization and functioning.

RESPONSIBILITIES OF THE COMMISSION AS NPM

Article 6 bis of the law N°19/2013 of 25/03/20132013 modified by the Law N° 61/2018 of 24/08/2018 determining missions, organization and functioning of the Commission stipulates that regarding the prevention of torture and other cruel, inhuman or degrading treatment or punishment, the Commission has the following special responsibilities:

1. To carry out, with or without notice, regular visits at any time when deemed necessary to the following places:

a) Prisons; 

b) Places of detention investigation measures; 

c) Rehabilitation and transit centers;  

d) Centers for mentally handicapped and psychiatric hospitals; 

e) Elderly centers; 

f) Transit centers for immigrants with problems; 

g) Vehicles or any other means of detainees’ transport; 

h) Any other place where persons are or may be deprived of their liberty.

1. To regularly monitor the conditions of detention of persons deprived of their liberty and other rights with a view to their protection against torture or other cruel, inhuman or degrading treatment or punishment;
2. To issue recommendations to relevant authorities with the aim to improve the conditions of detention of the persons deprived of their liberty and to prevent torture and other cruel, inhuman or degrading treatment or punishment based on international, regional and national laws and ask them to solve identified problems;   
3. To follow up the implementation of its recommendations that the Commission submitted to other institutions; 
4. To provide views on existing laws and draft laws relating to the prevention and control of torture and other cruel inhuman or degrading treatment or punishment in place of detention;  
5. To receive complaints relating to detention, well-being and other rights of persons deprived of their liberty;
6. To carry out research and studies on detention, well-being and other rights of detainees with the aim of preventing or combating torture and other cruel, inhuman or degrading treatment or punishment;
7. To promote good relationship and collaboration with other institutions with the same responsibilities as the Commission.

POWERS OF THE COMMISSION AS NPM

Article 7 bis of the same law stipulates that regarding prevention of torture and other cruel, inhuman or degrading treatment or punishment, the Commission has the following powers:

1. Unrestricted access to all documents and all information owned by relevant institutions, relating to the number of persons deprived of their liberty, the number of detention places and their location;
2. Unrestricted access to all information referring to the treatment of persons deprived of their liberty as well as their conditions of detention;
3. Unrestricted access to all places of detention and their premises and facilities;
4. Conduct talks in private at any time with persons deprived of their liberty or with any other person likely to provide useful information;
5. To make audio recording and take photos that can help the Commission in fulfilling its responsibilities and respecting the privacy of the person.

USEFUL LINKS:

ASSOCIATION FOR THE PREVENTION OF TORTURE: https://www.apt.ch/en

COMMITTEE AGAINST TORTURE: https://www.ohchr.org/en/treaty-bodies/cat

SUBCOMMITTEE ON PREVENTION OF TORTURE: https://www.ohchr.org/en/treaty-bodies/spt

COMMITTEE FOR THE PREVENTION OF TORTURE IN AFRICA: https://achpr.au.int/en/mechanisms/committee-prevention-torture-africa