National Preventive Mechanism Second Annual Report 2010–11
Alongside the powers to examine
the treatment of detainees and make
recommendations, Article 19(c) of OPCAT
states that NPMs shall be granted the power
‘to submit proposals and observations
concerning existing or draft legislation’.
Members considered how best to fulfil
this strategic preventive role that OPCAT
envisages for NPMs and the extent to which,
individually or collectively, members use their
experience to comment on legislation, as
well as simply visiting places of detention.
The extent to which individual members
of the UK NPM exercise the power set
out in Article 19(c) varies. Some members
comment only on issues that arise directly
from individual visits or inspections, while
others produce thematic reports which may
be seen as more strategic in nature. Some
members regularly comment on existing or
draft legislation. While some may not have
an explicit power to do so, there is nothing
in their mandates to prevent such comment.
Members noted that Article 19(c) provides
an opportunity for the 18 members of the
NPM to comment collectively on issues
within their remit and may even create
an expectation that they do so. It was
recognised that there could be great strength
in the bodies coming together in this way.
However, the members acknowledged that
collectively commenting on issues may be
challenging. There is the obvious difficulty in
achieving consensus among 18 independent
organisations, and some issues may not be
appropriate for comment by all members (for
example, where the issue relates to a type
of detention visited only by some members
or relates only to one jurisdiction within the
UK). The members of the NPM will continue
to explore how they can fulfil Article 19(c) of
OPCAT, both individually and collectively.
12
The NPM members agreed to take collective
action, for the first time, in relation to
allegations that UK agencies were complicit
in the torture of detainees being held
abroad. While the conduct alleged may not
necessarily have related to detainees within
the UK’s jurisdiction or control and therefore
fallen within the remit of the NPM, the
allegations nonetheless involved agents of
the UK and their treatment of detainees.
The members of the NPM therefore wrote
to the government, welcoming its intention
to initiate an inquiry into the allegations
and recommending that it be conducted in
an independent, impartial and transparent
manner, in accordance with international
human rights standards. The members
noted their interest in its outcome and
offered advice on the safeguards necessary
to prevent torture and other forms of illtreatment in places of detention.
Following the meeting in June 2010, the NPM
began to take forward the suggested future
activities. In March 2011, the NPM held its
first thematic workshop on mental health in
detention. This theme was chosen for the
first workshop because, as noted in our first
annual report, the issue of detainees with
mental health problems was perhaps the
most significant and recurring concern among
the members, across all types of detention.
The purpose of the workshop was to:
• raise awareness of mental health issues
affecting detainees
• raise awareness of relevant legal
standards
• share information about good practice in
the monitoring of detainees with mental
health issues
• strengthen links between the NPM
members.
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