Section one
Introduction
Context
To do a better job next year we need
to strengthen both the NPM and its
members. A key challenge for us remains
our informal status, lack of legislation and
guarantees of independence and, finally,
the inadequate nature of the resources
available centrally. I have raised these issues
with the government and it was particularly
disappointing for me and for Peter Clarke
(Her Majesty’s Chief Inspector of Prisons in
England and Wales) that the provisions on
prisons in the Prisons and Courts Bill that
was before the last parliament have not
been reintroduced. This would have been an
opportunity for the government to formalise
the essential link between HMI Prisons and
OPCAT and to set out the NPM’s essential
status in legislation. Sadly, we are one of
very few NPMs anywhere in the world
operating without legislation providing a
secure basis for our work.
On the more positive side, we were very
pleased to host the Chairperson of the
United Nations Subcommittee on Prevention
of Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment (SPT),
Sir Malcolm Evans, at our March 2017
business meeting. He reminded us that the
way in which OPCAT works in the UK has
relevance well beyond the UK, and that
the SPT considers it essential that any NPM
has a clear, separate legal basis: de facto
autonomy is not necessarily enough.
I was also pleased to attend the
panel organised by the Foreign and
Commonwealth Office (FCO) on the 10th
anniversary of the entry into force of OPCAT,
at which Baroness Anelay (then Minister of
State at the Foreign and Commonwealth
Office) expressed the FCO’s continuing
commitment to torture prevention.1 We
hope that this, and the government’s
enthusiasm for promoting the UK NPM
internationally, will be reflected in concrete
progress at home in addressing the
weaknesses in our structure.
It has been a busy year. We published our
isolation guidance, which is already being
used by UK NPM members and NPMs
internationally to strengthen their practice
and make recommendations to detaining
authorities for improving practice. We also
began work on examining ‘transitions and
pathways’ between places of detention,
the details of which are set out later in this
report.
We continue to engage widely with
international and regional human rights
bodies (the European Committee for the
Prevention of Torture and Inhuman or
Degrading Treatment or Punishment (CPT)
and the SPT) and other inter-governmental
bodies. More recently we joined with other
NPMs in proposing to the Council of Europe,
Organization for Security and Co-operation
in Europe and EU that they support NPMs in
establishing an NPM-led network, reflecting
the fact that across the region NPMs have
grown in confidence and standing and are
ready to see a shift in approach to them
from inter-governmental bodies.
1. The Rt Hon Baroness Anelay of St Johns DBE, ‘Speech to mark the 10th Anniversary of OPCAT’, 29 June 2016,
https://www.gov.uk/government/speeches/speech-to-mark-the-10th-anniversary-of-opcat [accessed 09/11/17].
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