Section three Five years of the UK NPM - reflecting and looking ahead
The UK NPM took the opportunity of its
five-year anniversary to review its work to
date, encouraging both internal reflection
and external scrutiny with a view to
strengthening its future practice. There
were three main elements to this review
process: an NPM self-assessment using the
SPT’s own ‘Analytical self-assessment tool’
(see Appendix Eight), direct feedback from
the SPT and; by seeking external viewpoints
during the event ‘The UK’s NPM: Five Years
On’. On the whole, both NPM members
and external stakeholders were positive
about the experience to date of the UK
NPM and the knowledge and breadth of its
members compared favourably with other
NPMs around the world. This reflected the
UK’s important role in promoting OPCAT
throughout its inception and earliest years.
At the same time, NPM members and
external allies alike identified important
areas in which the UK NPM could improve
its existing efforts to prevent ill-treatment
in detention. An overview of the discussions
and findings from this review process is
presented below.
NPM self-assessment
In February 2012, the UN Subcommittee
on Prevention of Torture (SPT) published its
‘Analytical self-assessment tool for National
Preventive Mechanisms: A preliminary guide
by the Subcommittee on Prevention of
Torture regarding the functioning of an NPM’.43
Alongside its existing ‘Guidelines on national
preventive mechanisms’, this document
clarifies the expectations of the SPT regarding
the establishment and operation of NPMs.
The SPT emphasises that NPMs must develop
over time, reinforcing the formal aspects of
their mandate and exercise of their powers,
as well as incrementally improving and
refining their working methods.
In 2013, the UK NPM agreed to use this
self‑assessment tool to evaluate its
compliance with different aspects of its
formal mandate, using its five-year anniversary
as an opportunity to take stock of its
compliance with OPCAT and identify areas for
strengthening in the future.
The SPT’s narrative tool was turned into
a questionnaire (see Appendix Eight),
converting the detailed principles and
standards into 59 discrete questions. The
questionnaire format enabled all members
of the UK NPM to assess themselves, using
a ‘red, amber, green’ classification, and for
the results to be analysed across the NPM.
Practices varied across NPM members with
regards answering the self-assessment,
with some discussing their answers at
board level, some among small groups of
colleagues, and one member submitting to
external peer review. Areas of the tool that
related specifically to the role of the NPM
coordination and to the State were also
discussed. The MOJ were keen to discuss
the questionnaire, and remain committed to
working closely with HMI Prisons to ensure
that the UK NPM meets the criteria laid out
in OPCAT. The MOJ welcomed this review
of OPCAT compliance across the board and
will continue to look at ways in which it can
support the effective functioning of the NPM
as part of its wider obligations under the UN
Convention against Torture.
The process of self-assessment promoted
systematic internal reflection and also raised
awareness of specific requirements arising
43 http://www2.ohchr.org/english/bodies/cat/opcat/docs/AnalyticalTtoolsNPM_en.doc
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