National Preventive Mechanism Fifth Annual Report 2013–14
poor treatment of detainees in a number
of different settings. There was a growing,
if overdue, awareness of the increased
vulnerability of many of those held in
different forms of custody, because of
their age, mental health, physical disability,
previous history of exploitation or other
characteristics. Individual members focus
on these issues in the day-to-day work that
is described in their own annual reports.
In addition, the NPM seeks to bring its
collective effort to examining cross-cutting
themes that affect most, if not all, forms of
detention.
Restraint is one of these issues. Too many
lives have been lost because the same
mistakes have been made again and again.
The NPM took up this issue in 2013–14 and
members agreed to take the work of the
Ministerial Board on Deaths in Custody in
England and Wales, progressing common
principles of safer restraint, as a basis for
their own work.
Individuals and organisations that cooperate
with an NPM in the course of its work must
be free from sanctions or prejudice for doing
so. Over the last year some NPM members
have begun work together to ensure there
are reporting and investigation mechanisms
in place to deal with any allegation
of sanctions and, perhaps even more
importantly, to ensure detainees feel they
can speak freely to inspectors or monitors.
6
In 2014–15 the NPM has agreed to work
on the issue of solitary confinement and
isolation – which may come under many
different names and guises in different
forms of detention, but is always a
severe measure that should only be used
for the shortest possible time, when
strictly necessary and be subject to close
supervision. We will report more fully on this
issue in the NPM’s next annual report.
Despite making progress in many areas,
we are clear that the NPM is not yet fully
able to realise its potential. It is a challenge
to coordinate the activities of so many
different bodies, all of which have different
powers and many of which have much
wider remits than the monitoring of places
of detention. In my view, the responsibilities
and powers that members derive from
being part of the NPM need to be clearly
set out in legislation. Experience has also
shown the benefits of establishing a legal
duty for inspecting bodies to cooperate with
each other. Strengthening the basis with
which the NPM performs its functions would
strengthen the protection of those detained.
It would require inspected establishments
and relevant authorities to engage with
NPM members’ recommendations, provide a
clear basis for taking forward joint work and
safeguard NPM members’ independence.