CAT/OP/GBR/RONPM/1
66.
The Subcommittee is conscious that the visibility of the national preventive
mechanism of the United Kingdom is a complex matter that also requires action from the
State party, as the lack of specific incorporation of the national preventive mechanism’s role
into members’ statutory requirements affects the delivery of the mechanism’s overall
mandate in practice. At the same time, the Subcommittee believes that more needs to be done
by the mechanism itself to strengthen its collective identity.
67.
The Subcommittee recommends that the national preventive mechanism reflect
on manners in which it could build the identity of a collegial body, made up of individual
entities with different backgrounds and expertise. For example, during monitoring
visits, the mechanism could use a standard presentation to persons deprived of liberty
and authorities in charge of custodial settings, emphasizing the collective
implementation of the Optional Protocol mandate. In addition, the mechanism could
consider developing its “brand”, through an emblem or distinctive dress code or by
designing a strategic communication campaign.
68.
In light of the above, the Subcommittee recommends that the national preventive
mechanism increase its institutional visibility as a collegial body, design a strategy for
raising public awareness of its Optional Protocol-mandated tasks and continue striving
for stronger coordination and more cohesive work through strategic measures. These
measures should reinforce the mechanism’s common values, in order to build the
collective identity as one national preventive mechanism of the United Kingdom,
through a proper legal framework.
2.
Annual report
69.
The Subcommittee notes with appreciation that the national preventive mechanism
contributes input on crucial detention-related issues, and submits proposals and observations
on existing or draft legislation.21 It also welcomes the annual reports prepared by national
preventive mechanism bodies and the mechanism as a collective body.
70.
However, the Subcommittee notes that the Lord Chancellor and Secretary of State for
Justice presents the mechanism’s collective annual reports to Parliament. In this connection,
the Subcommittee shares the mechanism’s view that mechanism itself should be accountable
to Parliament. In that sense, presentation of the mechanism’s findings to Parliament by
representatives of the executive branch is contrary to the mechanism’s line of public
accountability, which is to assess independently and impartially how the Government
complies with its domestic and international human rights obligation to prevent torture. This
would also help to strengthen the mechanism’s visibility, as mentioned in the paragraphs
above.
71.
The Subcommittee recommends that the national preventive mechanism
continue to advocate for the adoption of legislation that will enable it to present its
annual report in Parliament directly and to be accountable to Parliament for the
implementation of its mandate.
E.
Cooperation
72.
The Subcommittee notes over 10 years of exchanges between the Subcommittee and
the national preventive mechanism of the United Kingdom, in the form of correspondence,
annual reports and meetings. The Subcommittee hopes that the visit to the United Kingdom
and the present report will further contribute to the cooperation between the Subcommittee
and the mechanism in the spirit of constructive dialogue. The Subcommittee also notes with
appreciation that the mechanism’s business plan includes the objective of increasing the
number of references to the Optional Protocol and the national preventive mechanism role in
core documents of the mechanism’s bodies.
21
In accordance with article 19 (c) of the Optional Protocol and paragraph 35 of the guidelines on
national preventive mechanisms.
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents