Barbara Bernath, Association for the Prevention of Torture
July 2009: With more than 12 years experience at the APT, Barbara is a passionate advocate of the importance of bringing transparency and external monitoring to places of detention.
Earlier this month Barbara Bernath sat down in a small, gloomy cell in a police detention centre in the Maldives to interview a 16 year old boy.
“Talking with that young man had a powerful impression on me,” she recalled.
“He had been held there for a month and during that time he had left his cell just three times, for no more than thirty minutes.
“There was no ventilation, the air was very oppressive and his cell was almost completely dark. There was no natural light – in fact it was almost the same light in the day as it was at night.”
For Barbara, who has worked with the Association for the Prevention of Torture (APT) for the past 12 years, the situation facing that 16 year old boy provided a clear reminder about the importance of allowing external groups to monitor places of detention.
“Transparency is a critical factor in the prevention of torture and ill-treatment,” she said.
“When outside groups visit places of detention, they can see first-hand the conditions and the treatment of detainees, they can say ‘no, this is not acceptable’ and they can make constructive recommendations to the authorities to improve the situation – this is how you can bring about change.”
Maldives training program
The visit to the police facility was part of a week-long training program organised by the APT to support the Human Rights Commission in its new role as the National Preventive Mechanism (NPM).
When States ratify the Optional Protocol to the Convention against Torture, as the Maldives did in 2006, they are obliged to designate an agency, or group of agencies, to conduct regular, independent monitoring of places of detention.
“Taking on this role as the NPM has posed a number of challenges for the Commission, including questions about resources, planning and professional development for the staff,” Barbara said.
“The purpose of this workshop was to help the Commission revise the strategic plan for the NPM and also support staff to develop the practical skills they need to monitor places of detention: how to plan and carry out visits, how to conduct interviews with detainees and how to prepare reports following the visit.
“While many of the staff are quite young and new to this type of work, they are very committed and determined to the best job they can. There is also strong support for the work from the Commission members.”
The APT is running a year-long capacity building program with the Commission, with a final workshop planned for January next year.
Support for NHRIs
Since 2006 the APT has conducted seminars, workshops and training programs on torture prevention with a number of member institutions of the Asia Pacific Forum, including the Republic of Korea (2006), Thailand (2007) and the Philippines, Indonesia and Timor Leste (2008).
The Geneva-based group also provided expert support to the APF’s Advisory Council of Jurists when it considered a reference on torture in 2005.
According to Barbara, national human rights institutions (NHRIs) have a key role to play in the prevention of torture.
“Many NHRIs have a mandate to visit places of detention, often in response to complaints, which allows them to monitor the conditions in prisons, police custodials and other places. They can also draw the attention of the public and other stakeholders to issues of concern.”
She believes that equipping police, the military, prison staff and others with knowledge and skills in torture prevention is a critical area where NHRIs can contribute to long-term change.
“Capacity building, whether it is providing training programs or revising existing curricula, is a very important way that NHRIs can assist public officials to develop good practice,” she said.
“It’s not only important to provide the theoretical knowledge of human rights, effective training programs should also offer practical guidance on the day-to-day operational issues, such as how to arrest a person and how they can be interrogated.”
Torture prevention manual
To assist NHRIs carry out this vital work, the Asia Pacific Forum, the OHCHR and the APT have worked together to develop a practical training manual, Preventing Torture: An Operational Guide for National Human Rights Institutions.
The manual, which Barbara drafted, and a companion DVD will be available in early 2010.
“I enjoy working with people and I find it particularly satisfying when I see the light go on in their head when they realise that, ‘ah, yes’, prevention is an effective way to combat torture,” Barbara said.
“Investigating complaints of torture is important work, and it is also important to publicly denounce acts of torture. However, neither approach properly deals with the root causes that lead to torture.
“Prevention is about developing constructive approaches that can bring about long-term, systemic change in places where torture or ill-treatment may have been permitted or overlooked.”
On 1 September, Barbara will take up a new role as Chief of Operations for the APT, which will see her coordinate the planning and implementation of all the organisation’s regional and thematic programs.
“I find that the more I do, the more I learn. And the work is always there. With the prevention of torture, you never get to the point where the work is done.”
