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4 Both Both 1 A number of treaties treaties of number A 2 and were revised in 2015. in revised were and 3 : Simulation, prisoners, detainees, detainees, prisoners, Simulation, : international humanitarian law (IHL) and and (IHL) law humanitarian international explicit provide (HRL) law rights human liberty of deprived people for protection (IAC), conflict armed international an during (NIAC), conflict armed non-international of situations in applies IHL peacetime. and provides HRL whereas conflict, armed armed both of situations in protection peacetime. and conflict Now known as the UN Nelson Mandela Mandela Nelson UN the as known Now to respect with revision a include they Rules, in torture and deaths of investigation the independent and complaints custody, external enhanced as well as inspection two-fold a by custody of places of monitoring monitoring, assessment, visits and provision visits and provision monitoring, assessment, of services to prisoners from the point of during the transition to places of arrest, These enhance and imprisonment. custody, in deaths protection of detainees to avoid disappearance and torture through- custody, out the chain of imprisonment. Keywords protection sustainability, Background are (POW) war of prisoners and Detainees law. international under protected work to ensure that people deprived of of deprived people that ensure to work the with line in humanely treated are freedom the for (SMR) Rules Minimum Standard first were rules These Prisoners. of Treatment 1957 in adopted be aware of and deal with torture of and deal with be aware from the point of arrest. arrest and throughout the penal chain. • Simulation exercise trains participants exercise Simulation to • Highlights risk of torture from point of • Key points of interest *) George Mason University, Virginia, USA Correspondence to: [email protected] Abstract International and minimum standards law certainprovide for detainees and protection torture against prisoners and (POW) war of Places of detention and parties ill-treatment. to conflicts are often monitored to ensure they adhere to the required standards that visits to individual for example, through, detainees and the assessment of facilities. the point of monitoring between However, remand in prisonsarrest is and eventual This paper explains an largely inadequate. emerging model to enhance protection of prisoners through readiness training for The humanitarian personnel. prospective on exercise Atlantic Hope simulation monitoring detainees and visits to the mock prisonBlack Swan represents a teaching model to enhance sustainable protection of during incarceration. detainees and POW comprehensive entails The simulation SCIENTIFIC ARTICLE Preventing Preventing torture for people deprived of freedom: The Atlantic Hope and Black Swan Prison Model ErnestPhD, Mara Ass. L. N. Prof.* Schoeny, Andrew Ogbozor,* E. Baer* 52 TORTURE Volume 27, Number 1, 2017 the Red Cross. the work of the International Committee of protection of detainees grew originally out of mechanism for torture prevention and national bodies to places of custody. taken by independent international and established a system of regular visits under- Treatment or Punishment (OPCAT) and other Cruel, Inhuman or Degrading Protocol to the Convention against Torture provisions for victim’s redress. The Optional obligation to prosecute alleged torturers and personnel, criminalization of torture, and the includes measures such as reforms, training of 1984 is a blueprint for prevention. UNCAT ment or Punishment (UNCAT) adopted in Other Cruel, Inhuman or Degrading Treat- Rules, the Convention against Torture and as the publication of the findings. and require written inspection reports as well Rules also specify the powers of inspectors independent preventive mechanism that does conditions. These limitations necessitate an issue confidential reports on detention for access to prisons and only being able to include being dependent on the government time. Other shortcomings of the ICRC visits non-international conflicts or during peace- armed conflict, there is no equivalent for mandate to visit detainees during international Conventions empowered the ICRC with the internal and independent external body. system of regular inspections by both an 1977). tion of 1949 and the Additional Protocol I of quently refined in the Third Geneva Conven- Treatment of Prisoners of War (and subse- 1929 Geneva Convention relating to the of war having first been promulgated in the armed conflict, the rules protecting prisoners visits to security detainees during international with states to allow preventative monitoring The inspiration for the role of a visiting In addition to the UN Nelson Mandela 6

Whilst the Third and Fourth Geneva 5 The ICRC has agreements 2 The understandings. declarations,to certain reservations, and hasratified UNCAT,America itwas subject provided for. Whilst theUnitedStates of law, despiteindependentoversight notbeing already existedfordetaineesunderdomestic maintained that complaintmechanisms protocol would beoverly intrusive. in 2002that theinspectionmandate ofthe has notsignedorratified OPCAT, asserting For example, theUnitedStates of America effective unlikely. independentmonitoring sign ortoratify therelevant treaties making irregular. places of custody, and in most cases, it remains detention conditions are usually limited to treaties ratified or laws on the statute book. detention centers are more important than results from monitoring in police stations and others; they maintain, for example, that the mechanisms are much more effective than prevention measures do work, but some Carver and Handley acknowledge that has focused on the visiting mechanism. prevention since the adoption of the OPCAT Carver notes that the discussion of torture facilities, and to all relevant information. all places of custody, their installations and OPCAT, the SPT has unrestricted access to a National Preventive Mechanism. Under and plays an advisory role on how to establish The SPT undertakes visits to State Parties accordance with the provisions of OPCAT. tion of Torture (SPT) was established in conditions available for public scrutiny. ment, and that can make reports of detention not depend on the goodwill of the govern- out of the country whenitoccurs.out ofthecountry ing totorture, ifthesubjectisaforeignerand investigationcriminal treatment notamount- have maintainedthat thestate may engagein In practice, assessing and monitoring Additionally, somestates have to failed In 2007, the Subcommittee on Preven- 9 Torture, summary execution and 8 The U.S. administration E L C I T R A C I F I T N E I C S 8 8

Itwas 5

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TORTURE Volume 27, Number 1, 2017 53 in a i The “Atlan- The In 2007, the In 2007, ii 11 The program continues to flourish due to Northwest Missouri State University, Northern The Indian River State College in Florida pioneered i ii Oklahoma College, University of Florida, Washington Adventist University, and the Indian River State College. the exercise. fictional country, “Atlantica,”, i.e. earthquake i.e. “Atlantica,”, country, fictional and inter-communal conflict. designed to host was simulation tic Hope” 20 to 40 undergraduatestudents between hands-on opportunity a and provided to members as of a mock NGO (Interna-work four days, Over Action). tional Humanitarian a sequence of interlinked scenarios were startingcarried with entry out, into the country vis-à-vis an international airport. the experiences and contributions of a core student-alumni cohort who return every year universi- Five in a train-the-trainer fashion. ties or consortium participated schools have in the undergraduate version. first section of the paper is an overview of the the of overview an is paper the of section first Black mock the and exercise Hope Atlantic section second the I); (Part Prison Swan sustainable the of application the examines (Part detainees for (SPM) model protection different the introduces section third the II); simulation the and SPM the of sections rationale their and participants for prompts a presents section final the and III); (Part IV). (Part conclusion and limitations Part I: The Atlantic Hope and Black Swan Prison PrisonAtlantic Hope and Black Swan The ongoing classroom work merges exercise with field experience real-life by simulating it simu- Initially, experiences for students. complex humanitarianlated crises Indian River State College conducted the State Indian River first Summer Institute on International Assistance in Relief and Humanitarian

10 The purpose of this article is to present an an present to is article this of purpose The death or disappearance from detention detention from disappearance or death protection international despite continue freedom. of deprived people for mechanisms on is practice current of focus the Additionally, of places in assessments and visits monitoring in when, prisons), and cells (police custody of point the from starts detention reality, point the from phases transition Some arrest. are custody in remand eventual to arrest of disappeared, have Detainees neglected. often and inhumane to subjected or executed, been to transitions during treatment degrading custody. of places Introduction the Consortium In view of these challenges, for Humanitarian Service and Education (CHSE) designed a teaching and simulation model to enhance the understanding of the sustainable protection of detainees and prisoners among entry-level of war humani- is a collabo-The CHSE tarian practitioners. and effort government, rative of academic, in the organizations non-governmental America which develops of United States curriculum annual training and organizes humanitarian profes- for prospective events hands-on intensive CHSE provides sionals. opportunities for students and practitioners of international humanitarian response to learn to conduct safe and efficient relief how the Since 2005, and protection operations. CHSE has implemented a mock simulation for undergraduate students with an exercise added focus on visits to prisons and POW the program expanded to In 2012, exchange. This paper is an include graduate students. of the sustainable protection examination model for torture and the prevention of freedom. protection of people deprived people for model prevention torture emerging training readiness through liberty of deprived The personnel. humanitarian prospective for SCIENTIFIC ARTICLE 54 TORTURE Volume 27, Number 1, 2017 Skopje, and the Macedonian Ministry of Defense. of Ministry Macedonian the and Skopje, in Methodius and Cyril St. of University the at Studies Peace and Defense for Institute University, State participation of four universities. was first inrun March of 2013 with the Indian River State College, Florida (IRSC). strong support from the administration of the foragecenter.org. foragecenter.org. info@ Education, and Services Humanitarian for Consortium the of coordinator the to directed be can guide field the of e-copy an for request A 2013. ii ii i Macedonia. iii ples of International Humanitarian Law Humanitarian and ples ofInternational assessments inaccordancewiththeprinci- accessandconducting negotiating prisoner pants, ofIHA, asmembers aretaskedwith in factions opposing armed Atlantica. Partici- heldby conditions andvisitingprisoners centeredonassessingprison scenario protection of detainees and Prisoners of War. es, including those specifically linked to the issues of identity, and reconciliation process- scenarios in negotiations, conflict assessment, ments in the program design offer additional University of North Carolina, Greensboro. Greensboro. Carolina, North of University the and University, Mason George University, pants. is a comprehensive field guide for partici- Operations:tarian A Field Guide (2013) effort effort in 2011 was the co-edition of culminationprimary of the collaboration conflict post-disaster environments. A tors without Borders” operations in post- Parker State Forest loosely based on “Doc- direct a similar simulation experience in CHSE and Harvard University faculty who fields was a follow-up to a meeting between the humanitarian and conflict intervention program designed for graduate students in for furthering an interdisciplinary training The Indian River State College, Northwest Missouri Missouri Northwest College, State River Indian The Indian River State College, Kennesaw State State Kennesaw College, State River Indian “Humanitarian Operations: A Field Guide” Spring Spring Guide” Field A Operations: “Humanitarian The graduate-level “prototype” program Currently, “Atlantic Hope” includesa iii

In order to accomplish this, develop- i hasalsohad The program ii The notion Humani- which

an average of 20 to 40 students per year have undergraduate level, about 390 participants at Atlantic Hope training exercise. At the undergraduate level, have participated in the students, including both graduate and concurrent with Lederach’s exercise provides an educational experience judicial-penal chain. In sum, the Atlantic Hope impacts and challenges associated with the practices, and a hands-on comprehension of to prisoners and detainees, related ICRC best developing an understanding of IHL pursuant contact channels with the broader aim of continued assessments, and the facilitation of and must prepare for follow-up visits, participants regroup for debriefing, discussion, experienced.” fully yet not have but sense may they what explain rationally and name to having of bonds the from freed are They ways. new in world the seeing otherwise or touching, hearing, feeling, seeing, by triggered are that feelings new on based viewpoints fundamental reframe to helped are They viewpoints. prior challenge to evoke situations these feelings the use iv contacts withdetainee’s families. assess detentioncondition, andfacilitate offreedom, deprived to visitallpersons advicebasedontheICRCmandate faculty undergo readinesstrainingwithexpert conducting theassessment, participants process. and tovisitingtheprison Prior withoutdue excluded identitygroups the government ofdetainingpolitically- advocacy NGOshavehuman rights accused forparticipants; actualizing theexperience extensive trainingandaretaskedwith guards andwardens whohave undergone withrole-playeractual facility prisoners, Atlantica, known as “The BlackSwan,” isan oftheRepublic managed bythemilitary best practicesofICRC. The mockprison “People are helped to forge new experiences, and to to and experiences, new forge to helped are “People Since inception in 2005, a total of 512 After the completion of the scenario, E L C I T R A C I F I T N E I C S iv approach. 12

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TORTURE Volume 27, Number 1, 2017 55 Prison IHL & IHR Visit Transportation Transportation The specific problems that the The specific problems that 14 Court Court free free from Inmates set The model is based on the premise that The model is based on the premise that ees and POW is a framework to demonstrate demonstrate to framework a is POW and ees of protection the for model sustainable a The 1). Figure (see liberty of deprived people the from detainees monitoring entails model by release eventual their until arrest of point monitor- of emphasis current the on building (police detention of places of conditions ing neglected often as well as prison), and cell arrest, of (points chain prison the in stages AH/ trials). judicial and transportation during liberty of deprived people protects BS-SPM incarceration: of chain the along move they as custody, police transportation, arrest, of point maximizes also model The prison. and trial, from detainees protecting of capability the disappearance, execution, summary torture, abuses. other and current monitoring mechanisms fail to protect detainees before they adequately when many arrive a place of custody, at human rights in fact abuses this occur at early stage. model seeks to address are: arbitrary arrest, model seeks to address are: Transportation Police Cell Transportation Atlantic Hope/Black Swan Model for Protection of POW and Detainees Protection of POW for Model Swan Atlantic Hope/Black Point of Arrest taken part in the yearly training, whereas 125 125 whereas training, yearly the in part taken year per 30 to 25 of average an at participants since exercise level graduate the in participated re- has participants of number The 2013. at both year, every constant relatively mained due level graduate the and undergraduate the for allow to and resources training limited to involve- increase to need The participation. full graduate the at particularly impact and ment 2014. in program the of review a to led exercise the of completion successful the Following were participants training, graduate second four- the on opinion their about surveyed Division Hope. Atlantic of sectors program of areas suggest to tasked also were leaders participants 28 of total a of Out improvements. reconfigura- the that reported 32% surveyed, the of section processes political the of tion priority. highest of was exercise simulation Part II: Sustainable protection model (SPM) for detainees and POW Sustainable Swan Hope/Black Atlantic The detain- for (AH/BS-SPM) Model Protection Atlantic Hope & Black Swan. Sustainable Protection Model for Detainees and POW SCIENTIFIC ARTICLE Figure 1: 56 TORTURE Volume 27, Number 1, 2017 overcrowding, andmalnutrition. associated withdetentioncenterconditions, and recruitment, ill-healthanddisease host governments, e.g. breakouts prisoner andevenpopulations byinsurgentgroups prisoner andformer exploitation ofprisoner effectsincludethe andtertiary Secondary social stigmasthat follow upon release. tothe at thepointofarrest face, starting impacts includethevulnerabilitiesprisoners ment onamicro-andmeso-level. Primary effectsassociated withimprison- and tertiary linkages related totheprimary, secondary, arecognitionofbroaderconflict facilitating withrelevant bestpractice,a familiarity and conventions, current for critiquing cultivating penal chaininordertogenerate animpetus systematic gapsinthejudicial- the current inpeacebuilding -surrounding practitioners workers and ofhumanitarian cohort studentsinthefield– future graduate istocultivateplatform anawareness among oftheSPMasatraining The purpose platform training a as (SPM) model protection Sustainable III: Part constant and regular independent oversight. deprived of freedom will be reduced due to It is anticipated that the vulnerability of people throughout the various stages of imprisonment. freedom at the point of arrest and continues monitors detainees as soon as they lose their officials and prison authorities. IHA also law enforcement, security agents, judiciary work alongside criminal justice agents, such as, organization, IHA, with a legal mandate to detainees andtheirfamilies. riots,prison andcommunication between elimination ofthepossibility ofjailbreakand detainees, judicialtrials, delays andunfair of transportation execution during mary protection againstdisappearanceorsum- The SPM training a model offers The model entails empowering a neutral

analysis. knowledge, comprehension, application, and Bloom’s Taxonomy objectives: of learning exercise design according and formulated to enmeshed with the broader Atlantic Hope consulate services. The overall design is and governance sector to reform security training to organizations affiliated with mental and non-governmental readiness from trainingranging associated with govern- beyond programs, experiential graduate penal chain with potential for replication and providing education on the judicial- proactive template for both treating gaps in ICRC for later application; materials include the (“knowledge”), as a which serve ‘tool box’ through training andmaterials briefings are introduced conventions to the current for the upon arrival Atlantic Hope exercise, comes amongthetrainees. Outsideofthe SPM, specificprompts, anddesiredout- and, third, tolay outthe rationale behindthe node intheSPMandjudicialcontinuum; respective role-play simulation basedoneach prompts;scenario second, toreplicate the manner: first, toprovide thecontextfor through(“analysis”). facilitated de-briefs reflective of the existing critiques conventions conflict concerns, and offer informed, between the detaineeand broader experience and can consequently highlight linkages prompts through practice (“application”), challenges of the simulation and scenario sion”). They are theable to experience visits and assessmentsprison (“comprehen- negotiating access and conducting prison the planning during phases for faculty additional on-site training and guidance from Studies.Prison Trainees then receive tions such as Center the International for and supplemental materials from organiza- Reports’ related ‘Country to the simulation, This section is structured inthefollowing This sectionisstructured Code of Conduct for Combatants 15 Thus, participants, to and prior E L C I T R A C I F I T N E I C S , TORTURE Volume 27, Number 1, 2017 57

y y, y, 21 The For any any For 20 The scenario prompt above is The scenario prompt above 22

Applied within the theoretical construct of arrest constitutes need hierarchy, Maslow’s the absolute stripping and of welfare Further- of an individual. deference values detainees potentially suffer decremen- more, the loss of “angered over tal deprivation, they once had or thought they could what past by reference to their own have… condition.” edges this gap and suggests the need to to need the suggests and gap this edges if arrest, of point the from detainees monitor achieved. be to is detainee of protection proper personnel IHA prompt: scenario – arrest of Point of assessment needs a conducting with tasked are Atlantica of Republic the in village local a a and conflict intra-state both by impacted assessment, needs the During disaster. natural host the with associated elements security broader a of part as village the enter government the in national local a detain and sweep security villagers local Some reasons. unknown for village emotionall react or arrest the protest aggressively the claims who villager female a particularly either seem villages other husband; her is detainee The arrest. the of favor in partially or impartial vicinit the of out escorted immediately is detainee team. IHA the to provided information no with of point of arrestExplanation prompt: point of arrestinstance in which is the actualized their judicial authorities have “liberty of the the decision to confiscate “deprive some people of that and person” right for a period of time as a consequence of been convict- the actions of which they have ed or of which they are accused.” subsequently designed to provide partici-subsequently designed to provide pants with a porthole into not only common individual subject to detention, the point of individual subject to detention, arrest of deprivation results in the immediate welfare, all basic human needs – security, and freedom – and the complimen- identity, tary met. those needs satisfaction of having

17

19 16 Whilst this theoretically theoretically this Whilst 18 Arrest must not be overlooked as it is is it as overlooked be not must Arrest Arbitrary arrest, detention or exile is of course course of is exile or detention arrest, Arbitrary Universal 1948 the under permitted not 9). (Article Rights Human of Declaration scenario prompts themselves, field experi- field scenario prompts themselves, contemporary issues pursuantences, to the and international and judicial-penal chain, domestic aid agency to protocols are utilized desired objectives, design, inform overall the vari- the for generated profiles and outcomes, employed. ous role-players Arrest of Point of Body Nations United the to According Persons All of Protection the for Principles Imprison- or Detention of Form any Under apprehending of act the means “Arrest” ment, an of commission alleged the for person a authority. an of action the by or offence SCIENTIFIC ARTICLE importantly the first point of deprivation of of deprivation of point first the importantly cases, most in and, individual the of liberty for unprepared or of unaware are individuals remains that question the However, it. enforce- law the monitors who is: unanswered the at police, the particularly agencies, ment acknowl- AH/BS-SPM The arrest? of point establishes that these rights should begin upon upon begin should rights these that establishes process, the throughout continue and arrest these suggest which instances been have there of death the least not upheld, not are rights spinal from 2015 in Baltimore in Gray Freddie protests violent sparked death His injuries. Baltimore. in days several for lasted that Such rights are also often enshrined in in enshrined often also are rights Such example, American an take To law. domestic Defender Public of Office Baltimore the police into taken are you “If that, emphasizes of informed be to: right the have you custody, allowable the and you against charges the right the including lawyer, a obtain penalties; afford cannot you if appointed one have to should you whether decide judge a have one; and trial; your until jail from released be silent.” remain 58 TORTURE Volume 27, Number 1, 2017 to occur reflecting thatthe fact there are few transportation hasduring continuedor injury be prohibited (Rule 45.2).” themphysical to unnecessary hardship, shall light, or in any way which would subject conveyances with inadequate ventilation or acknowledge: in of “Theprisoners transport agencies. For example, the Mandela Rules for handling detainees by law enforcement contained in international law and guidelines Safe transportation of detainees is similarly Transportation Education(CHSE) and Service forHumanitarian Picture bytheConsortium Figure 2: conducting aneedsandconflictassessment. totheIHAtraineestaskedwith experience arrest, therebyaddingamorelayered detainee andthepossiblecausesforhis a uniquerelationship toorperspective onthe The othervillagerole-players eachmaintain amoreholisticexperience.order tofacilitate segmentin laneasanintegrated scenario is designedintandemwiththevillage the detainee. Subsequently, theSPMprompt tiesto orpossesscommunalfamilial arrest of theindividualandthosewhowitness impacts snapshot ofthesocio-psychological ofanindividualorindividuals,arrest but a operations whichculminate inthe security

Point ofarrest 2 However, death party monitoring. Furthermore, the scenario thescenario monitoring. Furthermore, party and thedifficultiesassociated withthird transport, vulnerability ofdetaineesduring prisoners, the associated withtransporting difficulties into theinherentsecurity promptabove trainees insight scenario offers nity forescape, androadhazards. The to convoy orheightened opportu- integrity related mobile personnel; concerns security chainduetotheinabilitymonitor prison are oftenthemostvulnerablepointsin holdingcells and fromremandorlong-term detention centers, toandfromcourt, andto to fromthepointofarrest of transportation Explanation prompt: oftransportation original detainee to avoid confrontation. vehicle and leave the refugee camp with their forces who immediately surround and secure their detention, an uncertainty shared by the security whether the agitation is against the detainee or hi begin to congregate in protest. It remains unclear detainee from the Point of Arrest scenario and During the stop, refugees seem to recognize the and check the roster for any wanted personalities. stop to evaluate the security conditions of the cam arrive on scene. Security elements momentarily elements associated with the earlier security sweep are managing a refugee camp when security Transportation – scenario prompt: IHA personnel nism for detainees in transit. ing a mecha-monitoring and a supervision problem of protecting detainees by institut- incident. and explanations about the cause of the unclear as there are contradicting reasons behind the death of the detainees remain ed to custody after arrest. The circumstances movement were killed while being transport- ofmembers the Muslim Brotherhood at the peak of the Arab in Spring Egypt, 35 transit.during For example, in August 2013, or no monitoring mechanisms for detainees 23 The AH/BS-SPM addresses the E L C I T R A C I F I T N E I C S Phases s p TORTURE Volume 27, Number 1, 2017 59 The cal trauma, which the police attributes which to outside cal trauma, persons and an incident during transport, treat and visit IHA that demanding subsequently his guards as part of potentially granting access The remand prisoner is the assessment. for by security received was the abuse adamant that is primarily but con- officials during transit, He has not yet cerned situation. with his legal with a hearingbeen provided nor been able date and is concerned representation to secure legal he will be indefinitely held. that of police custody prompt: Explanation policy phase in the chain is often the custody most precarious due to the uncertainties surrounding the fate and circumstances of to be the This tends remand prisoners. period begin in which conflicting attitudes to ferment due to the high degree of uncertain- with stress and ambiguity associated ty, If not released perceptions of indefiniteness. prisoners remand frequently remain on bail, in custody until their preliminary hearing a which rarely follows and sentencing, and are tasked with the distinct timeline, additional difficulty of securing legal to and continuing to attempt representation make arrangements for dependents on the outside from their position of confinement. in remand situations, nationals Foreign represen- especially those without diplomatic face additional in the host state, tation cultural, challenges in the form of language, This scenario prompt and judicial barriers. trainees with a more comprehensive provides understanding differences of the situational remand and sentenced prisoners, between needs especially in assessing their separate and concerns and facilitating contacts with Furthermore, it offers insight into relatives. and vulnerabilities, the monitoring gaps, with remand prisonersdifficulties associated in securing and certainty legal representation proceedings. judicial over Transportation Police custody Police SPT and the Mandela Rules The OPCAT, mechanisms that are some of the preventive and inspection of places for visiting provide to prevent including police cells, of custody, torture and other degrading treatment. such as the organizations Additionally, Torture of for the Prevention Association practices detention to improve (APT) work Whilst and to strengthen public oversight. it is undeni- these measures go a long way, human rightsable that in these abuses AH/BS-SPM The settings continue to occur. reflects the importance of continued monitoring in police custody by providing regular external scrutiny of police custody and temporary detention centers. IHA personnel custody - scenario prompt: Police access to the police are tasked with negotiating cell in order to conduct an assessment of the The detainee from the earlier two police facility. office after scenarios the director’s is just leaving physi- received appears and in-processing have to Picture by the Consortium for Humanitarian Service and Education(CHSE) is engineered the lack of to shed light into to the related enforcement mechanisms Rules. earlier mentioned Mandela Figure 3: SCIENTIFIC ARTICLE 60 TORTURE Volume 27, Number 1, 2017 agents are limited, especially in states facing enforcement mechanisms and monitoring Amnesty International monitor discrepancies, watchdogs such as Human Rights Watch and international standards, bodies of law, and they have to remain in custody instead. While inability to afford any fines imposed may mean and the legal proceedings. Furthermore, an understanding of the accusations against them lack of meaningful legal representation, an broad range of hurdles, including a potential to be a fair trial or hearing, they still face a when defendants are granted what can be seen Explanation of detainees in court prompt: being discussedincourt). ing bothwhat thedefendant says andwhat is (who translat- areaccusedofpoorly interpreters defendants torelyon southern thus requiring inthetraditional language ofthenorth hearings nitely delayed hearings, andtheconductof judges andprosecutors,northern oftenindefi- tation, frompredominantly discrimination lacking accesstolegalthe southreport represen- Purportedly, thesystemispartial; detaineesfrom Watch reports. and Amnesty International specific to Atlantica basedonHumanRights the legal procedures processandgeneral trial trial, on during receive IHApersonnel abriefing nature actuallybeingpresent ofNGOpersonnel prompt: -scenario In court Duetotheunlikely vulnerable detainees in courts. detainees by monitoring court proceedings of attempts to address the challenges of poor for detainees at court. The AH/BS-SPM instituting a sustainable protection mechanism of this issue accentuates the importance of oped countries. obtaining legal representation even in devel- possible at court, detainees have difficulty in in addition to physical maltreatment being “Fear, ignorance and poverty” can mean that, Detainees inCourt

24 Recognizing the occurrence Even mandate of monitoring to an independent additional or alternative of designating a legal in prison. The AH/BS-SPM suggests the allow for the protection of detainees and POW numerous existing mechanisms in place which As set out in the background section, there are Prisons and broader conflict concerns. brief on linkages between detainee custody ings and to prompt a discussion following the monitoring gaps associated with trial proceed- penal system; and, second, to accentuate the and the continuum of their experience in the ings, which are linked to post-trial grievances endured by defendants during trial proceed- first, to cultivate an awareness of the hardships intent of the scenario is primarily two-fold: perceived or actual partial legal system. The situation involving defendants subject to a to introduce participants into a reality-based Subsequently, this scenario prompt is designed ily hearings and legal proceedings themselves. pre- and post-hearing situations, not necessar- Furthermore, those services often apply to only have a limited mandate to offer services. NIAC, where organizations such as ICRC Education(CHSE) and Service forHumanitarian Picture bytheConsortium Figure 4: Arrival at court Arrival E L C I T R A C I F I T N E I C S TORTURE Volume 27, Number 1, 2017 61 or 8 is currentlyis tested being Humanitarian Operations: Humanitarian Operations: The AH/BS-SPM represents a The 7 Despite these drawbacks, the Atlantic Atlantic the drawbacks, these Despite interna- that This study acknowledges absent. framework to achieve this objective through this objective to achieve framework readiness training for potential humanitarian the CHSE recom- Additionally, personnel. mends the testing of SPM with a view to establishing further international legal of freedom protection of people deprived right from the point of arrest. example, it does not explain in detail how the in detail how it does not explain example, could be applied to different framework no full Additionally, categories of detainees. analysis of participant feedback has been The done to date. (2013) Guide Field A which is likely to have with a view to revision, Addition- an impact on the current model. though the even it is recognized that, ally, scenario is intended to be in a country where it is humanitarian are posted, workers inevitably influenced by the political and America where the historical backdrop in participating are based. universities monitoring on exercise simulation Hope prison Swan Black the to visits and detainees to model teaching useful an represents of protection sustainable the enhance The incarceration. during POW and detainees monitoring, comprehensive entails simulation other of provision the and visits, assessment, arrest, of point the from detainees to services imprisonment, prison, to transition during a as that, hoped is It release. eventual and is awareness graduates’ training, this of result the of aspects use will they and heightened future their in model protection sustainable field. the in work important rights and human tional humanitarian law for detainees and protection provides law there However, prisoners (POW). of war remain concerns monitoring, particu- that the point of arrest and eventual larly between can be inadequate remand in prison, 17 This scenario scenario This Discussion and conclusion Atlantic Hope and of the The limitations the fact model include it Black Swan that legal mecha- between does not differentiate nisms under IHL and IHRL and with respect to the monitoring mechanisms under For and the ICRC. UNCAT/OPCAT agency such as the simulated agency IHA. IHA. agency simulated the as such agency DuringPrisonsthe actual – scenario prompt: the prison by IHA personnel, visit negotiated a scenes is now detainee from the previous sentenced prisoner within the long-term holding a local Prior to the visit, Swan. section of Black claims to be the detainee’s in the village national he is an activist and journalist and says wife hence the opposes the regimewho in power, his arrestreason for and subsequent detention. sentenced the now During the prison visit, but he is a journalist, that detainee acknowledges claims he is a third country and denies national This as his wife. villager the local national prompt is designed as a sub-prompt to the broader prison assessment and visit conducted based on ICRC best practices. prompt: prisons of Explanation simulation overall the to relates prompt of assessment broader a with associated stipulations the to related conditions prison the and IV and III Conventions Geneva of services offering for mandate limited ICRC is It NIAC. during prisons assess and visit to detainee the follow to designed specifically to arrest of point initial his from role-player long-term to transport final and sentencing The Swan. Black the in holding central training a as visit prison the of intent broader general of awareness an cultivate to is module deprived been have “who populations prison be to likely are whom of many liberty, their of addictions, from suffer disturbed, mentally and skills educational and social poor have society.” in groups marginalized from come SCIENTIFIC ARTICLE 62 TORTURE Volume 27, Number 1, 2017 0 Pinard,Michael,'Wanted':Poor, and Black Crim- 10. of Rights Human C.Monitoring Hounmenou 9. Con- of Abuse-The Geography ForceseCA.New 8. CarverR, Handley L. Does torture prevention 7. ICRC. AdditionalProtocol to the Geneva Conven- 6. R. Carver Torture,the and Law International 5. Council.Social and Economic Nations United 4. Council.Social and Economic Nations United 3. GasserH-P. Choices more ethical than legal - Th2. GasserH-P. International humanitarian law. 1.In: References opportunities. This paper is dedicated to them. current policies, problems and training Andrew Baer for his ability to link and animate field exercise he created and to our colleague critique and adaptation of the “Atlantic Hope” for his generous encouragement of our Special acknowledgment goes to Paul Forage, students who participated in the simulations. We thank the many faculty, volunteers, and Acknowledgements Community Practice. 2012 Jul;20(3):274–92.Practice.2012 Community Organizations.of Community-Based Journal Policeof Lockups:Potentialin Role Persons 2006;24:908. grading TreatmentL.Int’l Obligations.J Berkeley De- Inhuman,and Cruel, US of Scope tested work?Liverpool: Liverpool University Press; 2016. identification(as amended on 30 November 1993). (ProtocolI): AnnexI-Regulations concerning tectionof victims of international armed conflicts tionsof 12 August1949, and relating to the pro- Palermo,Buenos de Aires. la de ción Tortura;2011;Universidad December Preven- la a Relacionadas EPU del mendaciones Reco- las de Implementación la y (INDDHH) Humanos Derechos de Nacionales stituciones Prevention.at:of presented Paper Enigma “In- TreatmentOfPrisoners.aspx. www.ohchr.org/EN/ProfessionalInterest/Pages/ 2015.May proved 18-22 Availablefrom: http:// Rules).Mandela Ap- (the Prisoners of ment the for (SMR) Rules Treat-Minimum Standard Prisoners.aspx. org/EN/ProfessionalInterest/Pages/TreatmentOf- 1977.May 13 Availablefrom:http://www.ohchr. and 1957 Prisoners.July of Approved31 ment the for (SMR) Rules Treat-Minimum Standard theRed Cross (1961 -1997). 1994a;34(298):81–3. ICRCand human rights. International Review of Institute/PaulHaupt: Berna/Stuttgart/Viena; 1993. HaugH, editor. Humanity for AllHenry Dunant

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