CAT/OP/GBR/ROSP/1 C. Independence 35. The independence of the national preventive mechanism and its members is a fundamental principle that enables mechanisms to effectively prevent torture and illtreatment. 15 In this connection, the requirements under the Optional Protocol refer specifically to the responsibility of the State to ensure that it has a mechanism in place, and that the mechanism enjoys functional independence, independence of its personnel and financial autonomy.16 36. In order to guarantee functional independence, the national preventive mechanism must have a clear legislative basis that guarantees its structural autonomy from all government branches. In that context, the Subcommittee notes that, in January 2017, the mechanism’s Chair wrote to the Ministry of Justice highlighting the lack of statutory guarantees of independence for the mechanism and its members. In its ninth annual report, the mechanism indicated that the lack of a clear legislative basis for the mechanism in the United Kingdom had resulted in the lack of statutory guarantees of independence. 37. It is worth mentioning that, in its letter to the national preventive mechanism dated 29 January 2018, the Subcommittee stated that in its experience, the situation of a mechanism remains precarious when it is not underpinned by a clear legislative basis. The Subcommittee noted having unfortunately seen too many examples of cases in which States had put pressure on national preventive mechanisms, directly or indirectly, which the mechanisms had not been able to challenge for the want of a clear basis on which to do so. It noted that practical effectiveness was dependent on functional independence, and that independence was threatened when the mechanism was vulnerable to political pressure or exigencies. Finally, the Subcommittee highlighted that its role in relation to national preventive mechanisms included ensuring that they were protected from such pressure. 17 38. In addition, the national preventive mechanism and its secretariat lack an independent premises with offices, services and staff that are separate from those of Her Majesty’s Inspectorate of Prisons. 18 This is a clear example of the material, logistical and financial dependence on a governmental structure that prevents the mechanism from being a fully independent preventive body and from being perceived as such. 39. The Subcommittee recommends that the authorities of the United Kingdom ensure that the national preventive mechanism enjoys autonomy, independence, effectiveness and credibility as an independent preventive body, 19 in conformity with articles 17, 18 and 19 of the Optional Protocol. The independent functions of all the different members composing the structure of the mechanism must be legally guaranteed, and the State party must take all the necessary measures to that effect. In addition, its material, logistical and financial separation from governmental structure must be achieved in order to ensure its independence, including functional, as foreseen in the Optional Protocol. 40. In addition to the lack of general national preventive mechanism legislation, the Subcommittee was informed that two members of the mechanism – the Independent Monitoring Boards and the lay observers – had raised concerns with the authorities of the United Kingdom regarding the lack of statutory underpinning for their national governance structures, which would support their independence. In January 2017, the Chair also expressed his concerns that the Independent Monitoring Boards secretariat continued to be 15 16 17 18 19 8 Optional Protocol, art. 18 (1), and the guidelines on national preventive mechanisms, paras. 8, 12, 16 and 18. Guidelines on national preventive mechanisms, para. 2. Ninth Annual Report of the United Kingdom’s National Preventive Mechanism, 1 April 2017–31 March 2018, p. 56. For example, the current email addresses of staff members of the national preventive mechanism use the “hmiprisons.gov.uk” domain. See OHCHR, Preventing Torture: The Role of National Preventive Mechanisms, Professional Training Series No. 21 (New York and Geneva, 2018).