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

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents