CAT/OP/GBR/ROSP/1
E.
Visibility
48.
While noting that the bodies composing the national preventive mechanism were well
known and respected by key national actors, the Subcommittee observed that the mechanism
was not always perceived as such when exercising its role. During its visits, the
Subcommittee observed that persons deprived of their liberty often perceived the national
preventive mechanism as an oversight body and not as a preventive body, which was
detrimental to the visibility of the preventive nature of the work of the mechanism under the
Optional Protocol.
49.
The Subcommittee recommends that the State party ensure that its national
preventive mechanism is recognized as a key component in the country’s system for the
prevention of torture and ill-treatment and adopt an effective strategy to raise the
mechanism’s visibility and profile. In this regard, the Subcommittee recommends that
the State party take all necessary measures, when establishing the formal legislative
basis of the national preventive mechanism, to ensure that each of the mechanism’s
oversight bodies exercise their preventive mandate when acting in that capacity, in
order to avoid any confusion with their other functions.
Annual report
50.
The Subcommittee notes with appreciation the annual reports prepared by the national
preventive mechanism bodies and the mechanism as a collective body. However, the
Subcommittee notes that the Lord Chancellor and Secretary of State for Justice presents the
mechanism’s collective annual reports to Parliament. In this connection, the presentation of
the mechanism’s findings to Parliament by representatives of the executive branch is contrary
to the mechanism’s mandate, which is to assess independently and impartially how the
Government complies with its domestic and international human rights obligation to prevent
torture.
51.
The Subcommittee recommends that the State party adopt legislation enabling
the national preventive mechanism to present its annual report to Parliament directly
and to be accountable to Parliament for the implementation of its mandate.
F.
Conclusion
52.
The Subcommittee observes that the national preventive mechanism of the
United Kingdom is composed of multiple pre-existing bodies, which represents an
additional challenge for the State party in adhering to the principles enshrined in the
Optional Protocol, in particular articles 17, 18 and 19. In this connection, the
Subcommittee believes that a clear policy from the Government of the United Kingdom
is required to ensure that the national preventive mechanism and its component bodies
are compatible with the provisions of the Optional Protocol. Such a policy is needed to
address the current deficiencies in the mechanism’s statutory basis, ensuring the
independence of each of its bodies when acting in their capacity as the mechanism.
Sufficient resourcing of the mechanism is also needed. Moreover, given the scale and
complexity of the mechanism’s multibody structure, a robust independent coordination
function is essential for the effective practical implementation of the objectives of the
Protocol. In addition, in order to ensure the guarantees of independence and
effectiveness in terms of prevention of torture, the independence of the mechanism’s
Chair and secretariat need to be recognized in law and supported in practice through
the sufficient provision of resources.
53.
The Subcommittee trusts that the present report will serve as a road map
towards the State party’s compliance with the Optional Protocol.
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