monitoring

The International Diplomatic Network of International Law and Human Rights

It includes elite of jurists and human rights and journalists from Arab countries and different countries in the world, their goal is to serve laws and principles of human rights. They pledged themselves to defend human dignity and his right to a decent life, and carrying the slogan by the (word); we face all forms of violations that threaten humanity wherever it is in the world, revealed all who tempted to dare or think to exposure to the freedom of opinion and expression. In addition, to be trustees and be careful to convey information with accuracy, honesty and objectivity, starting from the sense of responsibility by the need to prevail principles of right and equality between human beings, and the principles and laws of human rights pervade all humanity lives.
Initial definitions
*Monitoring:
The inquiry process of an organization to get correct, audited and documented information.
The process of obtaining evidence and proofs.
A broad term describing the active work in compiling information, verifying and using it in order to tackle human rights problems.
Human rights monitoring includes collecting information about accidents and incidents of control “in the elections, trials and demonstrations, etc. …”
In addition, visiting specific locations, such as places of detention, prisons and refugee camps, and discussions with government authorities to get information and follow-up treatment methods and other immediate follow-up actions.
*Fact Finding:
Is a process describes extracting the facts from the monitoring activities and who was here that this term is narrower in scope from the term monitoring. Fact finding leads to a large amount of collecting information to make sure from the facts surrounding the claim of human rights violation. Fact Finding is also meant to emphasize the credibility of the organization through the use of generally accepted procedures and prove the integrity and impartiality.
*Documentation process:
It is an organized registration process for the results of the fact-finding process or investigation in order to organize this information in a way that makes it easy to restore them when you need them through a form that was already prepared for example.
*Control:
It usually refers to a process that tends to a great amount of passivity in noting events such as gatherings, trials, elections and demonstrations. It is one of the human rights monitoring aspects that requires the presence in the location; where it was expected that a violation of human rights might occur.
*Human rights violations:
It includes the governmental encroachments on the rights guaranteed by the national, regional and international human rights laws, it also includes the act or omission of the act that is directly attributed to the State or one of its authorities. It involves its failure in implementing the legal commitments derived from human rights standards.
*The process of collecting information:
The main objective of monitoring is to enhance the responsibility of the state to protect human rights. Human rights organizations have been collecting apparent information on the human rights’ problems and the violations patterns .the process of collecting information requires a great effort. Monitoring requires precise methods to collect true and precise information. Collecting information requires search, follow-up and complete analysis, and the proper information considered essential for the preparation of well-documented reports, it can be used afterwards to encourage the authorities to take actions.
Therefore, the process of collecting information includes several phases, which are: checking the information for example by meeting witnesses, evaluating their testimonies and then analyzing the information and its consistency with the material that is collected from independent sources.
*Examples of collecting information means
– Collecting testimonials
– Receiving complaints
– Meeting with particular individuals that have relation with the violation
*Sources of information:
Individual complaints (letters / faxes /personal interviews / phone calls / Email)
Eyewitnesses
Media reports
Governmental and non-governmental organizations
Related reports and studies
Urgent bulletins issued by organizations
Periodic reports
Reports issued by control devices
Reports issued by the Special Rapporteurs.
Articles in newspapers
Means and individual complaints
• Resorting to alternative sources of information (such as visiting the prison as a lawyer / identifying the prisoner’s case by visiting his family / receiving messages from him sent to the family or to his lawyer).
Elements of the incident:
The action
The victim
The perpetrator
Additional elements
*What we monitor?
Incident / phenomenon
Incidents or phenomenon indicators
Does it represent a violation to the law and international charters?
The incidents related to the violation itself.
*Previewing the incident:
Illustrating the incident on papers.
• When, Where, How, who, why, methods and means, effects and results
• Quality of the data that have been monitored.
• Information about the victim and information about the doer of the violation
• Information about the adopted sources
The required procedures and interventions to deal with the situation
Previewing the incident location
Neutralizing external influences
Chronological order of the incidents.
*The purpose of fact-finding:
– Giving urgent aid to the victims especially for victims of arrest, detention and torture. The urgent intervention at the right time often means the difference between the victim’s death and his life, the intervention impedes the continuous violation of human rights and helps to stabilize the victim conditions.
– Condolence and rehabilitation of victims through providing medical aid to treat the physical effects of torture and treating the bad health situation of the prisoner because the deterioration of the health conditions in the prison or the psychological rehabilitation of the victim and reintegrating him into society.
– Filing lawsuits and making legal actions to defend the victims or filing issues on the suspect who is involved in the occurrence of a violation.
– Monitoring the government’s commitment to the texts of local laws and human rights conventions that it has signed.
– Monitoring the performance of the bodies responsible for the law enforcement.
– Doing campaigns, press conferences or demonstrations in order to create pressure on the authorities through the exchange of information and deploying it in the sectors of society.
– Dissemination of information on the public opinion.
– Forming pressure groups through the access to results of fact-finding and documenting it, aiming for example, to initiate the change in laws.
– Preventing the recurrence of the violation in another way.
• The difference between conducting press investigations and fact-finding in the field of human rights is in the press investigation may not take into account the rigorous standards in estimating the occurrence of any violations of human rights or not. But the human rights organizations are evaluating the information that it get through the application of human rights standards and its principles in order to verify the occurrence of any violation to these rights.
*Ethical considerations in the fact-finding and documentation:
Protecting sources of information “protecting the confidentiality of the information and its source.”
-The credibility of the information and data.
The purpose of the documentation:
– The organized and permanent use of the information by human rights activists
– Using the data to file complaints
– Organizing campaigns
– Providing data to the special rapporteurs.
– Preparing reports
– Saving the information for future generations.
– Collecting legal information and make it available to activists
– Knowing the laws that have been violated.
*International standards relating to detention and treatment of detainees:
– Non-discrimination
– Prohibition of torture and cruel, inhuman or degrading punishment and treatment.
– Physical punishment and punishment by placing in a dark cell.
– Non-use of force by the employees mandated to rescue the law only in certain circumstances and very limited, including self-defense and defense of others against a direct and serious threat.
-The material conditions of detention “minimum standards of health, caring about the personal cleanliness of the prisoners, availability of enough and healthy food and drink, medical and psychological care and medical care for the teeth of the detainees.
– Religion, culture and education … The detainees enjoy a reasonable degree of educational, cultural and informational articles.
– Supervising the places of detention.
*The applicable standards particularly on detainees before trial:
A. Presumption of innocence
B. Separation between categories
C. prohibition of arbitrary arrest
D. Reporting the reasons for an arrest and charges
E. Possibility to access to justice
F. Detention of these in official places of detention.
G. Allowing to contact a lawyer
H. Communication with the outside world
I. Person’s right not to be forcing him to testify against himself.
J. Right to a fair trial
*The goals of public visits to detention facilities:
– Put an end to torture and other methods of abuse.
– Guaranteeing the release of people detained arbitrarily for political reasons.
– Access to justice in accordance with the procedures and timeframes prescribed by the law.
– Intervention in order the victims of human rights violations, especially victims of torture and ill-treatment get the medical care required by their condition or making sure they get them.
– Ensuring that the responsible authorities for detention centers creates a file for detainees and that refers to the legal status of the detainees.
– Working to improve the material and psychological conditions for detainees in partnership with the competent authorities and specialized organizations.
*The specific visits for the detention facilities:
It means making visits and specific investigations concerning the worrying individual cases or matters. One of the benefits of these visits is documenting a specific case of the detainee or prisoner. This kind of these visits differ from the public visits that it does not include the previously re-declaration of any authority.
*A brief guide to set the monitoring and documentation methodology in prisons:
– Procedures on the prisoners
– Tickets of prisoners and their files
– Housing and residency of the prisoners
– Administrative degrees the prisoners
* Health procedures:
A. Preventive procedures
B. Treatment of the prisoners
C. Infected or suspected of having mental illness
D. Affected by leprosy
E. Release and transport due to health reasons
F. Prisoner’s death
G. Doctor’s duties
H. Social Service
I. Libraries
J. Filling the leisure time of the prisoners
K. Teaching and education
L. Times of work and rest in the prison
M. Employing the prisoners
The visit and contact
The special visit: its bases…
*Fieldwork standards in the field of monitoring and investigation
Field researcher needs to measure the violation and the extent of the threat to the right, which the subject of violation through the texts and the local and international rules that regulate this right and protect it. the matter requires that the field researcher who investigate and collect arguments and evidence related to such a violation in one right of the prescribed rights for the prisoner or detainee familiar and knowing the local and international texts that regulating and protecting these rights.
These laws include the following:
– The country’s constitution
– Penal and Criminal Procedure Law
– Emergency Law
– The State Security Courts Law
– Police Law
– Prisons Law and its Executive Regulation
– The texts of the executive regulations complementary to the same prisons law.
– The country sign the relevant international conventions and in particular the International Covenant of the Civil and Political Rights.
*Features of the field researcher:
– Listening, thinking and concentration
– Having a theoretical background for the minimum of human rights formation.
– The balance between the ability to obtain information and the circumstances and needs of the victim.

Against death penalty

10
Saad Hussain Fathullah

Body chairman

11
kamil Ameen Hashim ALsayed Noor

Body  vice chairman

12
Ghandi Mohammad Amin Raba’i

Body secretary

13f
Hanene Abdeljawed

Body coordinator

54
Prof.Khudhair Aldulaimi

Chairman of media committee

52
Imad Al Jalal

Vice chairman of media committee

56
Dr.fouad Saadan

Body Consultant

68
Mohamed Ajam

Body Consultant

57
Dr. kamel khurshid Murad

Body Consultant

61
Dr. Yasser Yousef Awad El Karim

Body Consultant

75
Dr. Yahya Saleh

Member of Monitoring and Documentation Body

50
Dr.Mohammad Alfayadh

Member of Monitoring and Documentation Body

65
Jawher Gashut

Member of Monitoring and Documentation Body

53
Dr. Awad Al-Tahir Pasha

Member of Monitoring and Documentation Body

64
Ismail Ajanabi

Member of Monitoring and Documentation Body

62
Lawyer Zina Hussein Fitfit

Member of Monitoring and Documentation Body

71
Activist. Luna Salim al-Hamdani

Member of Monitoring and Documentation Body

74
Media.Mohammed kabbani

Member of Monitoring and Documentation Body

Against Death Penalty