Monitoring the conditions of detention of people sentenced to death: a new practical guide for use by NHRIs and NPMs

People on death row are likely to be among the most marginalized groups in prisons globally. They are often forgotten, neglected and ignored by prison authorities, and may be detained in unfavorable and inhumane conditions that fail to meet international human rights standards. They find themselves in a particular situation which is often accompanied by very strong psychological uncertainty about their future. People sentenced to death face deprivation and difficulties in their daily lives in prison, which impacts their physical and mental well-being.

Monitoring bodies (national, regional and international) play a central role in ensuring that people deprived of their liberty are detained in a dignified environment that respects human rights. These bodies can also play an important role as drivers of change in policy and practice.

In light of these specific challenges, ECPM has developed this guide intended for NPMs and NHRIs in order to help them in their work of evaluating the prison conditions of people sentenced to death. This practical guide supports and complements ECPM’s work on the conditions of detention of those sentenced to death and its broader advocacy and awareness-raising activities.

This guide was developed in conjunction with the National Human Rights Council (CNDH) of Morocco.

Who can use this guide?

This guide is primarily aimed at NPMs and NHRIs. It provides tools, practical guidance and advice for assessing the specific conditions of persons sentenced to death in accordance with international and regional standards. It aims to facilitate the monitoring process and ensure that the rights of those sentenced to death are at the center of the efforts of detention monitoring institutions. In addition to NHRIs and NPMs, other actors may be interested in this guide, such as academics, international organizations, civil society actors and donors. Although it is closely linked to the work of monitoring detention, this guide does not address questions linked to the monitoring of conditions of deprivation of liberty in immigration centers or in police custody premises.

Designed as a practical manual for detention monitoring institutions, this guide must be read as a “living instrument”. Through general information, checklists, questions, innovative practices and practitioner advicethis guide details the different stages of analyzing the conditions of detention of women and men sentenced to death and makes it possible to identify the systemic risk factors affecting this group of people. It can be used as a tool in different contexts, but its application and implementation will depend on each situation.

Ideally, this guide should not be read in isolation or as a “stand-alone” document, but in addition to and in coordination with other general guides for reviewing conditions of detention.

This guide is based on a literature review of existing resources relating to people on death row, including international and regional resources from intergovernmental organizations, NGOs specializing in the fight against the death penalty, press articles and other open sources.

The information mentioned in this guide, such as monitoring techniques, practical methods or guiding principles of monitoring institutions, are recognized internationally and implemented by many monitoring institutions. This guide was inspired by other practical guides, in particular guides dealing more broadly with the monitoring of places of deprivation of freedoms, such as those developed by the Association for the Prevention of Torture (APT) and by the Defenders of human rights. However, the information presented in this guide has been adapted to the needs of people sentenced to death.

Discover other ECPM resources for use by NHRIs