CAT/OP/GBR/CSPRO/1
32. The Subcommittee recommends that, in order to meet the requirements of OPCAT,
the NPM must have the ability to conduct unannounced visits to all places of detention,
as well as to have access to all information referring to the treatment of detainees and
the conditions of their detention. The Subcommittee echoes the CPT’s recommendation
and urges the State party to take all the necessary measures to ensure the applicability
of the Optional Protocol across all of the UK’s Overseas Territories and Crown
Dependencies, including through unannounced visits to military detention facilities. In
that regard, the SPT calls upon the UK authorities to consider using the existing NPM
structure or designating or establishing new NPM bodies to ensure promptly the full
compliance with the OPCAT, i.e. that all places of deprivation of liberty under the UK
de jure or de facto control are visited by an independent preventive body.”
Sovereign base areas and Military detention facilities
5.
The UK takes its responsibilities to prevent torture and other cruel, inhuman or
degrading treatment or punishment seriously and acknowledges the recommendations made
by the SPT in its report. The Ministry of Defence currently invites independent inspections
of its UK based detention facilities by Her Majesty’s Inspectorate of Prisons (an NPM
member) which, in the past, have been unannounced. The Ministry of Defence will carefully
consider the recommendations in close collaboration with other government departments.
Overseas Territories
6.
The UK’s ratification of OPCAT has not been extended to the Overseas Territories.
Moreover, each Overseas Territory has its own legislative body, and the inhabited Territories
have democratically elected governments, so it would not be appropriate for the United
Kingdom Government to legislate on their behalf for the mandate of the NPM. However, if
the Overseas Territories wish to have OPCAT extended to them, the United Kingdom
Government will support them in this process. The United Kingdom is working with the
Overseas Territories to support the development of monitoring boards, where they don’t
already exist, and independent review mechanisms to ensure compliance with international
obligations.
Crown Dependencies
7.
The Crown Dependencies (CDs) are not part of the UK but are self-governing
dependencies of the Crown. This means they have their own directly elected legislative
assemblies, administrative, fiscal and legal systems and their own courts of law. The
constitutional relationship of the Islands with the UK is maintained through the Crown and
the UK Government is responsible for the defence and international relations of the Islands,
and for ensuring their good government. It would not be appropriate for the UK Government
to mandate extension of OPCAT to the CDs as that is a matter for their own governments to
decide upon, but we would support them if any CD wished to have OPCAT extended to them.
8.
OPCAT has been extended to the Isle of Man but not to the Bailiwick of Guernsey or
Jersey. However, the Bailiwick of Jersey have indicated their intention to request the
extension of UK OPCAT ratification. Progress on compliance progressed until March 2020,
when resources from this, and other projects, were redirected to deal with Covid-19. The
extension remains high on Jersey’s priority list and will be addressed as resources become
available.
C.
Independence
“37. The SPT recommends the UK authorities to ensure that the NPM enjoys autonomy,
independence, effectiveness and credibility as an independent preventive body, in
conformity with articles 17, 18 and 19 of the OPCAT. The NPM independent functions
of all the different members/bodies composing its structure must be legally guaranteed,
and the State Party must take all the necessary measures to this effect. In addition, its
material, logistical and financial separation from governmental structure must be
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