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 Wales HM Inspectorate of Prisons (HMIP) Independent Monitoring Boards (IMB) Independent Custody Visiting Association (ICVA) Her Majesty’s Inspectorate of Constabulary (HMIC) Lay Observers (LO) England Office of the Children’s Commissioner for England (OCC) Office for Standards in Education, Children’s Services and Skills (Ofsted) Care Quality Commission (CQC) Wales Healthcare Inspectorate Wales (HIW) Care and Social Services Inspectorate Wales (CSSIW) Scotland HM 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 Ireland Independent 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 SETTING JURISDICTION ENGLANDWALESSCOTLAND NORTHERN IRELAND PRISONS HMIP with CQC and Ofsted HMIP with HIW HMIPS with CI CJINI and HMIP with RQIA IMB IMBNI POLICE CUSTODY HMIC and HMIPHMICSCJINI with RQIA ICVAICVSNIPBICVS COURT CUSTODYHMIP and Lay ObserversHMIPSCJINI CHILDREN IN SECURE ACCOMMODATION Ofsted (jointly with HMIP in relation to secure training centres) CSSIWCI RQIA CJINI CHILDREN (ALL SETTINGS) OCC DETENTION UNDER MENTAL HEALTH LAW CQCHIWMWCSRQIA DEPRIVATION OF LIBERTY AND OTHER SAFEGUARDS IN HEALTH AND SOCIAL CARE CQC HIW CI and MWCSRQIA CSSIW IMMIGRATION DETENTION HMIP IMB MILITARY DETENTIONHMIP and ICVA CUSTOMS 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) Prevention By 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 work Strengthening 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: