National Preventive Mechanism Annual Report 2009–10 Scottish Human Rights Commission T he Scottish Human Rights Commission is an independent, statutory body with the power to enter places of detention and report on the rights of detainees. Established by the Scottish Commission for Human Rights Act 2006, the general duty of the Commission is to promote awareness, understanding and respect for human rights and, in particular, to encourage best practice in relation to them. The Commission fulfils this duty through education, training, awareness-raising and research, as well as by influencing the development of law, policy and practice in Scotland. In carrying out its role, the Commission must have regard to the human rights of those groups in society whose entitlements are not otherwise being sufficiently promoted, such as detainees. The Commission consists of a Chair and up to four other members. Currently, the Commission has three part-time members and is supported by 10 members of staff. As required by OPCAT, the Commission is independent. It is not subject to the direction or control of the Scottish government or the Scottish Parliament. The Chair of the Commission is appointed by Her Majesty on the nomination of Parliament. The other members of the Commission are appointed by a body made up of members of the Scottish Parliament from across the political spectrum, while staff are engaged through an open recruitment campaign. Methodology The Commission has the power to conduct inquiries into the policies or practices of Scottish public authorities where such an inquiry would be relevant to the promotion of awareness, understanding and respect for human rights. In the course of an inquiry, the Commission may enter and inspect any place of detention and may conduct interviews with any detainee in private, with the detainee’s consent. ‘Place of detention’ is defined by the 2006 Act as “any premises, vehicle or other place in or at which an individual is or may be detained by, or with the authority or consent of, a Scottish public authority.”48 For the purpose of its inquiry, the Commission may also require a Scottish public authority or its staff to provide it with relevant information, including documentation and oral evidence. Any visit to a place of detention would be carried out within a human rights framework, with special regard to international human rights standards. Prior to conducting an inquiry, the Commission must give notice of and publicise the terms of reference for the proposed inquiry and a summary of the procedure to be followed. Once completed, the Commission must lay a report of the inquiry, including any findings and recommendations, before the Scottish Parliament. In addition to these reports, the Commission must also lay before the Parliament an annual report of its activities. Article 19(c) of OPCAT envisages a strategic role for NPMs in addition to their regular visiting of places of detention.49 This is reflected in the 2006 Act which empowers the Commission to review and recommend changes to the law of Scotland or any policies or practices of any Scottish public authorities. 48 Section 11(2), Scottish Commission for Human Rights Act 2006. 49 Article 19(c) states that NPMs should be granted the power “to submit proposals and observations concerning existing or draft legislation.” 46