Section five Appendices
Appendix III
Guidance on ensuring the independence of
NPM personnel
Ensuring the independence of
NPM personnel
Guidance for members of the UK
National Preventive Mechanism
Background
1. The Optional Protocol to the United
Nations Convention against Torture
(OPCAT), under which the UK National
Preventive Mechanism (NPM) is
established, sets out the requirement:
States parties shall guarantee the
functional independence of the
national preventive mechanisms as
well as the independence of their
personnel. (Art.18)
2. This requirement has been further
elaborated on by the UN Subcommittee
on Prevention of Torture in its 2010
Guidelines on national preventive
mechanisms (CAT/OP/12/5):
18. The State should ensure the
independence of the NPM by not
appointing to it members who hold
positions which could raise questions
of conflicts of interest.
19. Members of NPMs should
likewise ensure that they do not
hold or acquire positions which raise
questions of conflicts of interest.
30. The NPM should carry out all
aspects of its mandate in a manner
which avoids actual or perceived
conflicts of interest.
3. In 2013, the UN Committee against
Torture, the official UN body that
oversees states parties’ progress in
implementing the UN Convention against
Torture and the Optional Protocol,
reviewed the UK. During this review
it raised the following concern and
recommendation:
14. The Committee, fully cognisant
of the State party’s willingness to
promote experience sharing, notes
that the practice of seconding
State officials working in places of
deprivation of liberty to National
Preventive Mechanism’ bodies raises
concerns as to the guarantee of full
independence to be expected from
such body (art. 2).
The Committee recommends that
the State party end the practice of
seconding individuals working in
places of deprivation of liberty to
National Preventive Mechanism’
bodies. […]
4. The UK NPM comprises 20 different
bodies, each with different practices on
the use of secondees. A survey by NPM
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