CAT/OP/GBR/CSPRO/1
I. Introduction
1.
The UK welcomes the report of the Subcommittee, following their visit in September
2019. The numbered recommendations below refer to the paragraphs in the SPT’s October
2020 report. The report has been distributed to all relevant authorities, departments and
institutions, as requested. The UK requests that this response be published alongside the
SPT’s report, in accordance with article 16 (2) of the Optional Protocol to the Convention
Against Torture (OPCAT). Further, the UK is happy for the SPT to share information detailed
in both reports with the European Committee for the Prevention of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (CPT).
2.
The UK has a longstanding tradition of ensuring rights and liberties are protected
domestically and of fulfilling, our international human rights obligations. We therefore
commend the important work of the SPT as we continue to comply with our obligations under
OPCAT.
II. National Preventive Mechanism
A.
Legislative basis
“27. The Subcommittee urges the State Party to provide as soon as possible the UK
NPM with a formal legislative basis with a clear definition of its powers and its functions,
its roles and responsibilities, in order for the UK to comply with its international
obligations under OPCAT. In addition, an explicit reference to the NPM’s mandate and
OPCAT responsibilities should be incorporated into each of its members/bodies’ own
statutes, in order to comply with the OPCAT provisions and UK’s international
obligations.
28. The SPT also recommends that the functions of an independent Chairperson and
the supporting and coordinating role of the NPM’s independent Secretariat be
embedded in the legislative text to be adopted.”
3.
The UK established an independent NPM in 2009, notifying Parliament through a
Written Ministerial Statement. This Statement listed the 18 independent scrutiny bodies, now
risen to 21, which collectively make up the UK’s NPM. Establishing the NPM through
various decentralized units, in line with Article 17 of OPCAT, ensures sufficient monitoring
of various places of detention throughout the United Kingdom. Each of these 21 inspection
bodies have a statutory basis and are given unlimited access to the places of detention in
which it inspects. Having established an NPM, the UK considers that it fully complies with
its international obligations under OPCAT and that the NPM meets the requirement under
Articles 17 to 23 of OPCAT. This position was reiterated during the SPT’s visit in September
2019.
4.
The UK undertook a consultation on ‘Strengthening the independent scrutiny bodies
through legislation’ in 2020 which proposed options for reform to strengthen the scrutiny
bodies. This included proposals to place the NPM and a number of prison scrutiny bodies on
a statutory footing. We have considered the responses to the consultation and will be
producing a response in due course.
B.
Military detention and independent oversight in Overseas Territories
and Crown Dependencies
“31. The Subcommittee notes the CPT’s recommendations regarding the role of the UK
NPM in Overseas Territories, ensuing from its visits to the Sovereign Base Areas (SBA)
of Cyprus and Gibraltar. The CPT called on the UK authorities to “adopt specific
legislative powers for the mandate of the NPM, which should include the automatic
right to visit all places of deprivation in the United Kingdom, as well as in British
Overseas Territories and the SBA.
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