The UK National Preventive Mechanism

1

Maneer Afsar

Team Leader –HMI Prison

January 2017

Summary

1.The Optional Protocol to the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment

2. The UK National Preventive Mechanism

3. NPM key principles

4. UK NPM work

1. The Optional Protocol to the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment

• Adopted by the United Nations in 2002• Establishes a dual national and international system of

monitoring visits to places of detention – the Subcommittee on Prevention of Torture (SPT) and the National Preventive Mechanism (NPM)

• An NPM must be designated by the State Party• 80 States have ratified OPCAT• 63 NPMs designated

The Optional Protocol to the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT)

Global ratification of OPCAT

State party (78) Signatory (18)

No action (101) November 2015

National Preventive Mechanisms

(a) Regularly examine the treatment of detainees

(b) Make recommendations to authorities to improve the treatment and conditions of detainees and to prevent torture and other ill-treatment

(c) Submit proposals and observations concerning existing or draft legislation

(OPCAT Article 19)

OPCAT requires that States Parties set up a ‘National Preventive Mechanism’ to prevent torture and ill-treatment in detention. At a minimum, an NPM must have the powers to:

The powers of NPMs

• Access all places of detention• Speak to detainees and others in private• Choose freely which places to visit and which people to talk

to • Access information on the treatment and conditions of

detainees• Access information about detainees and places of detention

(OPCAT Article 20)

States must ensure the NPM has the power to:

The role of the SPT

The Subcommittee on Prevention of Torture has 25 members from around the world, serving in their individual capacity.

The SPT’s role is to:• Advise and assist States in establishing NPMs• Maintain contact with NPMs, offering training and assistance• Advise and assist NPMs on protecting detainees from torture

and ill-treatment• Make recommendations to States to strengthen capacity and

mandates of NPMs

The SPT can also make country visits to places of detention and make recommendations to States.

2. The UK National Preventive Mechanism

The UK NPM• OPCAT ratified by the UK in 2003 • UK NPM designated 31 March 2009 • Designation of existing bodies with compatible statutory

powers– A multi-body model– Now includes 20 member bodies (originally 18)– Made up of lay bodies and professional bodies– Includes members whose remit is broader than detention

• Reports annually to Parliament

Monitoring detention in the UK

• Prisons• Immigration detention • Police custody• Court custody• Children in secure accommodation• Those detained under mental health law• Military detention, including some overseas

facilities• Escort and transport arrangements

UK NPM members visit, monitor and inspect:

UK NPM members and their jurisdictions

England and WalesHM Inspectorate of Prisons (HMIP)Independent Monitoring Boards (IMB)Independent Custody Visiting Association (ICVA)Her Majesty’s Inspectorate of Constabulary (HMIC)Lay Observers (LO)

EnglandOffice of the Children’s Commissioner for England (OCC)Office for Standards in Education, Children’s Services and Skills (Ofsted) Care Quality Commission (CQC)

WalesHealthcare Inspectorate Wales (HIW)Care and Social Services Inspectorate Wales (CSSIW)

ScotlandHM Inspectorate of Prisons for Scotland (HMIPS)Her Majesty’s Inspectorate of Constabulary for Scotland (HMICS)Scottish Human Rights Commission (SHRC)Mental Welfare Commission for Scotland (MWCS)Care Inspectorate (CI)Independent Custody Visitors Scotland (ICVS)

Northern IrelandIndependent Monitoring Boards (Northern Ireland) (IMBNI)Criminal Justice Inspection Northern Ireland (CJINI)Regulation and Quality Improvement Authority (RQIA)Northern Ireland Policing Board Independent Custody Visiting Scheme (NIPBICVS)

DETENTION SETTINGJURISDICTION

ENGLAND WALES SCOTLAND NORTHERN IRELAND

PRISONSHMIP with CQC and

Ofsted HMIP with HIWHMIPS with CI

CJINI and HMIP with RQIA

IMB IMB IMBNI

POLICE CUSTODY HMIC and HMIP HMICS CJINI with RQIAICVA ICVS NIPBICVS

COURT CUSTODY HMIP and Lay Observers HMIPS CJINI

CHILDREN IN SECURE ACCOMMODATION

Ofsted (jointly with HMIP in relation to

secure training centres)

CSSIW CIRQIA

CJINICHILDREN (ALL

SETTINGS) OCC

DETENTION UNDER MENTAL HEALTH LAW CQC HIW MWCS RQIA

DEPRIVATION OF LIBERTY AND OTHER

SAFEGUARDS IN HEALTH AND SOCIAL

CARE

CQCHIW

CI and MWCS RQIA

CSSIWIMMIGRATION DETENTION

HMIPIMB

MILITARY DETENTION HMIP and ICVACUSTOMS CUSTODY

FACILITIES HMIC and HMIP and HMICS

3. NPM key principles

NPM key principles a) Independence

• It is structurally independent • It is operationally independent • It avoids conflicts of interest of personnel

The NPM must be independent of government, of the bodies being visited, and of others.

This requires that:

NPM key principles

b) PreventionBy their nature, places of detention are out of public gaze and detainees are therefore more susceptible to torture. Regular scrutiny of places of detention can help to prevent ill-treatment of detainees.

To prevent torture, the NPM must be:• Proactive rather than reactive • Regular rather than one-off • Global rather than individual • Cooperation rather than denunciation

(APT definition)

NPM key principles

c) Experience and diversity

• Required capabilities and professional knowledge• Gender balance and adequate representation of ethnic

and minority groups

OPCAT Art.18 (2) requires that the NPM have:

NPM key principles

d) Human rights

• UN human rights treaties• Jurisprudence of the European Court of Human Rights• Reports of the European Committee on Prevention of Torture• UN and other standard-setting documents relating to detention

Article 19(b) OPCAT requires that NPM recommendations “take into consideration the relevant norms of the UN”.

NPMs should rely on international and regional human rights standards, including:

4. UK NPM work

UK NPM work

• As a collective– Must fulfil the NPM mandate in the UK

• As individual members– Must incorporate OPCAT into their detention-related

work

The UK NPM fulfils its duties under OPCAT:

The extent to which the UK NPM fulfils its role is scrutinised by UN human rights bodies, including the SPT

An overview of UK NPM workStrengthening how we monitor, in compliance with OPCAT

• Upholding independence and addressing conflicts of interest

• Reinforcing inspection methodology• Preventing sanctions or reprisals• Evaluating our work through self-assessment

Strengthening what we monitor• Conducting thematic work, eg on de facto detention,

isolation and solitary confinement and restraint

Commenting on legislation and raising awareness

Governance

• promote collaboration, information sharing and good practice between members

• facilitate joint activities between members • liaise and share experience with international human rights

bodies (e.g. SPT, other NPMs)• represent the NPM to Government and other UK

stakeholders • prepare the NPM Annual Report and other publications

NPM Coordination

Based at HMIP and its role is to:

• facilitate decision making• set the strategic direction for coordinated or joint work• monitor the outcome and value of such work • support HMIP and the NPM coordinator in their roles

Governance Steering Group

Formed of four NPM members and HMIP. It covers all jurisdictions and meets four times a year. Its role is to:

Subgroups

• Children and young people• Scotland• Mental health

UK NPM impact so far

• Expanded coverage of independent monitoring• Focused attention and strengthen approaches on

important detention issues (restraint, deaths in custody, mental health, segregation)

• Brought NPM perspective into policy consultations and legislative debates

• Strengthened NPM governance and OPCAT compliance• Introduced self-assessment• Cross-NPM thematic work on isolation and solitary

confinement

Achievements of the last five years: