National Preventive Mechanism Annual Second Report Annual Report 2010–112010–11 Military detention While none of the NPM members in the UK has a specific statutory mandate to monitor places of military detention, HMIP is regularly invited by the Provost Marshal (Army) to inspect the Military Corrective Training Centre (MCTC). This is the UK armed forces’ single central custodial facility, holding mainly servicemen and women who have been sentenced to periods of detention from 14 days to two years. Most such detainees have offended against military law rather than criminal law, and few are detained for offences that would have resulted in custody if they had been civilians. The MCTC is staffed by service personnel. In June 2010, HMIP conducted an unannounced follow-up inspection of the MCTC, in which it assessed the extent to which progress had been made against recommendations made during a previous inspection. It found that, while a number of areas remained to be addressed, considerable progress had been made. Ofsted, another NPM member, contributes to HMIP’s inspections of the MCTC by assessing the learning and skills provision for detainees. Arrangements to ensure the safety of detainees had greatly improved: efforts had been made to tackle bullying and good support was given to those at risk of selfharm. There was greater attention to the particular vulnerabilities of young people under the age of 18 but further work was required. While detainees reported mixed relationships with staff, inspectors observed a generally supportive approach by staff towards those in their care. However, despite previous recommendations, the approach to diversity remained underdeveloped. Progress on the resettlement needs of detainees had been considerable. Accommodation, employment and financial advisory services had all improved, as had support with maintaining family ties. The MCTC also has its own IMB, which operates in much the same way as other IMBs in England and Wales, except that members are appointed by the Secretary of State for Defence rather than the Secretary of State for Justice. In preparing this report, the NPM has noted that the MCTC IMB is not part of the same operational framework as other IMBs and therefore has not yet engaged with the NPM; the NPM will engage with the IMB at the MCTC in the future. Military detainees may also be held for short periods in service custody facilities (sometimes referred to as ‘guardhouses’). There are several such facilities in the UK and overseas. They do not currently receive independent monitoring but consideration has been given in the past to allowing HMIP to inspect them. In line with Article 4 of OPCAT, and as previously noted at page 14, the NPM has recommended to the UK government that all places of detention be monitored, including service custody facilities. Ideally, all independent monitoring of military detention should be placed on a statutory footing, in accordance with guidelines issued by the Subcommittee on the Prevention of Torture.42 In recent years, HMIP has been in discussions with the Ministry of Defence regarding the possibility of carrying out independent inspections of UK-run detention facilities in Afghanistan. While the government does not believe that OPCAT applies extra-territorially, it is nonetheless considering the value of independent monitoring and the safeguards and public assurance it offers. 42 Subcommittee on the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Guidelines on national preventive mechanisms CAT/OP/12/5 (9 December 2010). 46