UK National Preventative Mechanism

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Title: UK National Preventative Mechanism

1

2
Overview of the UK NPM

prisons
immigration removal centres, short-term holding
facilities and escort arrangements
court custody
places for those deprived of their liberty under
mental health law and in social care settings

3
Experience of allegations

Specific allegations of active ill-treatment
and/or torture rare in UK setting
But does not necessarily mean ill-treatment is
not an issue
e.g. during inspection of Maghaberry Prison in
Northern Ireland in 2009 - 14 responded yes
when asked in a questionnaire survey if they had
been victimised by a member of staff or group of
staff there
Also inspections/visits do not always uncover
instances of ill-treatment/torture

4
Dealing with allegations

Most UK NPM bodies do not have the power to deal
with complaints/ undertake specific
investigations about allegations of active
ill-treatment
On receipt of an allegation UK NPMs will
Obtain information from the detainee about the
alleged ill-treatment
Seek to verify the active ill-treatment from
other sources (depending on seriousness)
If satisfied that ill-treatment has concerned
escalate this
Inform senior management in the NPM body
Raise the issue with the authorities in the
establishment
Advise/assist detainee to inform the relevant
complaints/ investigatory body/police
Example from a health care setting regarding
allegations of potential sexual abuse
Seek follow-up information and consider
implications

5
Obtaining Information Ensuring privacy

All UK NPM bodies have right of access to
detention facilities including right to speak to
detainees in private and access
records/documentation
ensure consent of detainee but be proactive in
this
Example of Police Independent Custody Visiting
Scheme
ensure private environment e.g. unoccupied common
area but often in cells
reinforce at the start that confidentiality will
be ensured
deal sensitively with detainees with
communication/literacy difficulties
Example of questionnaire survey in a prison
setting
speak to staff about detainees in private and
ensure their confidentiality
if reviewing files/documents ensure these are out
of sight of other detainees (e.g. in an office)

6
Difficulties in obtaining information

Barriers to obtaining information
inability to have private conversation due to the
need for constant supervision for
detainee/others safety
ability of detainee to provide specific evidence
to support allegation
communication skills/cognitive ability of
detainee (long or short term)
Example from a police custody survey
lack of corroborative evidence
observations
potential for false allegations

7
Difficulties in obtaining information

8
Checking reliability

Variety of methods across the UK NPM which are
used to validate allegations of ill-treatment
private face to face interviews with detainee
private face to face interviews with others
(other detainees/staff) who can provide
corroborative evidence
Example from a prison setting
questionnaires/pro formas
reviewing records and documentation
Example from a prison setting
observations (live time or using CCTV)
Example from police custody visit
BUT awareness of role of investigatory/complaints
bodies and avoiding contamination of evidence