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. 3

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