Section Two The second year – an overview
No progress has yet been made regarding
military detention, although, as reported in
our first annual report, HMIP is in discussion
with the government about extending its
inspection programme to service custody
facilities (that is, facilities run by the British
armed forces and more often known as
‘guardhouses’).
It has also come to our attention that there
are several customs custody suites operated
by the UK Border Agency (UKBA) which are
not currently the subject of independent
monitoring. These suites are used to hold
people for short periods of time when they
are believed to have entered the UK after
ingesting large quantities of drugs for the
purpose of smuggling. They are held under
the Police and Criminal Evidence Act 1984,
the same regulatory framework that applies
to police detainees. The UKBA is aware of
the government’s obligations under OPCAT
and has been considering options to ensure
that customs custody suites are inspected
independently. The custody suites fall within
the remit of HM Inspectorate of Constabulary,
already an NPM member, and it is anticipated
that inspections will be carried out jointly
with HMIP.
Recommendation
Although some progress is being made
in relation to our first annual report, we
reiterate that recommendation and ask
the government to ensure that all those
deprived of their liberty benefit from
the protection offered by independent,
regular visits by the NPM.
Challenges
The NPM in the UK is distinctive because
of its large size and complex structure. This
presents many challenges which other singlebody NPMs may not face. However, it also
has benefits: the individual bodies of the UK
NPM have developed considerable expertise
in monitoring the places of detention in which
they specialise. Another distinctive feature of
the UK’s NPM is the inclusion of lay visiting
bodies in addition to professional inspectorates.
Their inclusion also offers benefits, as they are
able to visit places of detention with impressive
frequency.
Our first annual report outlined some of the
challenges faced by the NPM. For example, the
members may have a different understanding
of OPCAT and how it can be best implemented;
there may be different views about the
coordination role and how extensive it should
be; and there is considerable divergence in
the nature and roles of the members and
the contexts in which they operate. For many
members, detention monitoring is just one part
of a broader role, while for others it represents
their core business.
Nonetheless, as relationships between the
members grow stronger and they settle into
their roles under OPCAT both individually and
collectively, we are sure that none of the
challenges faced are insurmountable. We
recognise that designation as NPM members
provides us with the opportunity to come
together to identify systemic issues across all
types of detention and to share information
and good practice. To address some of the
challenges faced, consideration is being given
to establishing a steering group for the NPM,
made up of five member organisations. This
group would facilitate decision-making relating
to the NPM and set the strategic direction for
joint activities.
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