importance of finding the right balance in the NPM, both in the legislative framework
and in practice, between NGOs and the Ombudsman. This was a recurring theme
throughout the discussions. Another issue raised was the absence of functional
immunity for NGO members of the Consultative Council. The guarantee of such
immunity is required under OPCAT for members of the NPM.
The civil society component of the Moldovan NPM has encountered practical
problems due to the fact that NGO members are not paid and expenses incurred in
carrying out visits are not covered. The funding issue is thought to have contributed to
the resignation of several members of the Consultative Council. The opinion was that
there are likely to be ongoing problems for the participation of NGOs in the work of
the NPM unless this situation changes. Issues were also raised regarding the threats to
the security of members of the civil society component of the Moldovan NPM that
could arise as a result of exercising their official functions. 35
One institution examined in the United Kingdom was the Independent Custody
Visiting Association, which was formed in the late 1980s following the introduction
of legislation obliging local police authorities to establish independent visiting of
places of police detention. The Association’s unique feature is that all visitors are
volunteer members of the public who receive special training in order to carry out
their role. Volunteers have to agree to make a minimum number of visits per year.
Another interesting model from the United Kingdom relates to the visiting of military
establishments. This is regulated internally by the British Army, although there is also
some external monitoring. 36 The Army inspects its facilities in operational areas that
hold local nationals, currently Iraq and Afghanistan, every six months. The Provost
Marshal (Army) is the competent Army authority on operational detention and
normally attends each inspection. The inspection report is not in the public domain.
Unit Guardrooms, which hold United Kingdom service personnel, are licensed every
two years. The Provost Marshal (Army) checks the infrastructure and regime
according to inspection criteria and issues operating licenses. These facilities also
exist overseas. It was pointed out that the UK-based army detention facility had been
visited for monitoring purposes by the European Committee for the Prevention of
Torture and Inhuman or Degrading Treatment or Punishment in 2002.
One point raised during the meeting was that very few bodies in CIS countries focus
on the monitoring of military detention facilities and, in general, there appears to be
more limited expertise and coverage in this area than in that of detention monitoring
of prison or police facilities.
35
Article 35, OPCAT, which states that: ‘Members of the … national preventive mechanisms shall be
accorded such privileges and immunities as are necessary for the independent exercise of their
functions...’
36
Her Majesty’s Inspectorate of Prisons has been invited to regularly inspect the UK’s Military
Corrective Centre in Colchester.
41
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