National Preventive Mechanism Fifth Annual Report 2013–14
from OPCAT. Members were aware that
comparing results across the exercise could
oversimplify what are complex issues, and
could fail to capture the subjective nature
of perceptions of compliance, but in general
they found the first attempt at the selfassessment exercise to be worthwhile. The
NPM agreed to repeat the self-assessment
annually, and introduce improvements to
the methodology to make the process more
robust.
General findings
Nineteen out of 20 members responded
to the questionnaire. Overall, members
reported that they were largely compliant
with OPCAT, reporting compliance with 81%
of the questions, partial compliance with
13% and not currently compliant with 4.5%.
• The lay and voluntary bodies in the
NPM were more positive in their
self‑assessments, citing 85% full
compliance compared to 79% among
the ‘professional’ bodies.
• Northern Ireland members were the most
positive, reporting full compliance on 89%
of the questionnaire and not currently
compliant with 2%.
• Across different types of detention, NPM
members who monitor police and court
custody were the most positive about
their OPCAT compliance, while those
whose roles are focused on mental
health detention and care and social care
settings were the least positive.
Compliance with OPCAT Article 19 –
fundamental powers
The findings were analysed in line with the
three fundamental NPM powers set out in
OPCAT Article 19, the powers to: examine the
treatment of those deprived of liberty; make
recommendations with the aim of improving
their treatment and conditions; submit
comments on existing or draft legislation.44
As the figure below shows, members
reported high levels of compliance
overall. The highest compliance with
the self-assessment questions related
to their exercise of powers to make
recommendations. The specifics of these
questions related to their practice of making
feasible recommendations with a preventive
focus and engaging in dialogue with
relevant authorities on the basis of these
recommendations and their implementation,
as well as internal procedures for
categorising, filing and processing
recommendations and responses to them.
44 NPMs shall be granted at a minimum the power: (a) To regularly examine the treatment of the persons deprived of their
liberty in places of detention as defined in article 4, with a view to strengthening, if necessary, their protection against
torture and other cruel, inhuman or degrading treatment or punishment; (b) To make recommendations to the relevant
authorities with the aim of improving the treatment and the conditions of the persons deprived of their liberty and to
prevent torture and other cruel, inhuman or degrading treatment or punishment, taking into consideration the relevant
norms of the United Nations; (c) To submit proposals and observations concerning existing or draft legislation.
38
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