National Preventive Mechanism Fifth Annual Report 2013–14
Introduction
by Nick Hardwick
Her Majesty’s Chief Inspector of Prisons
T
he UK has a long tradition of
the independent inspection and
monitoring of places of detention.
Over the years the rigour of these
monitoring processes and the degree to
which they have been truly independent
have varied, and the different nations
that make up the UK and different types
of custody have all developed their own
inspection systems. Nonetheless, few other
states can match the breadth of the UK’s
detention monitoring mechanisms, the
experience the different monitoring bodies
bring to their roles or the public support
they enjoy.
Long experience in the UK has taught that
those detained in any setting, out of sight
and with little recourse to safeguards, are
especially vulnerable and that regular,
independent monitoring has a vital role in
preventing ill-treatment or worse. It was
not surprising therefore that the UK had
a key role to play in the development of
the United Nations Optional Protocol to
the Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment
or Punishment (OPCAT), which had at its
heart the development of a system of
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international and national independent
monitoring of all places of detention. At a
national level, States Parties are required
to establish an independent National
Preventive Mechanism (NPM) to undertake
inspections and other preventive activity.
OPCAT was adopted by the UN in 2002 and
entered into force in 2006. The UK was
one of the first states to ratify OPCAT in
December 2003.
Most States Parties have created a new
organisation as their NPM or given the
NPM’s responsibilities to an existing human
rights ombudsman or similar organisation.
The situation in the UK is different. There
were already a number of well-established
individual bodies with statutory independent
inspection, monitoring or visiting powers
and so, rather than dismantle existing
structures and create a new body, in March
2009 the UK designated 18 existing bodies
as its NPM and gave HM Inspectorate of
Prisons in England and Wales responsibility
for coordinating their NPM activities. This
decision meant the UK could make best use
of the powers, resources and experience
that existing monitoring bodies already had.
It created the potential for these bodies to