National Preventive Mechanism Fourth Annual Report 2012–13 Relevant OPCAT provisions on sanctions Article 15 ‘No authority or official shall order, apply, permit or tolerate any sanction against any person or organisation for having communicated to the Subcommittee on Prevention or to its delegates any information, whether true or false, and no such person or organisation shall be otherwise prejudiced in any way.’ Article 21 ‘No authority or official shall order, apply, permit or tolerate any sanction against any person or organisation for having communicated to the national preventive mechanism any information, whether true or false, and no such person or organisation shall be otherwise prejudiced in any way.’ The SPT has made clear the obligation, under OPCAT, of States parties to ensure that reprisals do not occur following either their visits, or those conducted by NPMs16,17. Members have agreed that they should consider the arrangements they have in place to manage whistle-blowers and reprisals against detainees, staff or carers who communicate with them. Although not believed to be a widespread problem in the UK, HMIP inspection evidence does suggest that there have been rare instances when prisoners/detainees have been subject to informal, unauthorised sanctions for engaging with inspection teams, or in an attempt to prevent such engagement. This is a particular concern for those prisoners who lack the competence to advocate on their own behalf. The need to take preventive action against the issue of sanctions and have a clear response to any instances that do arise led to the decision that a protocol between the IMBs, HMIP and the Prisons and Probation Ombudsman should be drawn up. The protocol will set a broad principle for how these organisations will work together to protect any prisoner/detainee from sanctions or other prejudice should they, or someone acting on their behalf, communicate with them. It will provide reassurance that prisoners/detainees are able to freely communicate with each organisation without fear of sanctions or other prejudice. It is anticipated that when this protocol is complete it will be used as a template by other NPM members. Children and young people In acknowledgment of the specific challenges faced by children and young people in detention in the UK, and the need to share expertise and good practice among the NPM, a subgroup on children and young people was established in early 2013, chaired by the OCC. 16 Committee Against Torture (2013). Statement of the Committee against Torture on reprisals, adopted at its fifty-first session (28 October–22 November 2013). CAT/C/51/3. At: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx? symbolno=CAT%2fC%2f51%2f3&Lang=en 17 Subcommittee on Prevention of Torture (2010) Guidelines on national preventive mechanisms. CAT/OP/12/5. At: http:// www2.ohchr.org/english/bodies/cat/opcat/docs/SPT_Guidelines_NPM_en.doc 24