UK National Preventative Mechanism NPMs’ experiences of allegations of active ill-treatment Rachel Lindsay Criminal Justice Inspection Northern Ireland

Overview of the UK NPM 18 bodies across England, Wales, Scotland and Northern Ireland Bodies cover inspections of/visits to: 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  police custody  children and young person’s detention facilities and secure care accommodation  some military detention facilities

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 % 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

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

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)

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

Difficulties in obtaining information Avoiding pitfalls: ensuring open/probing questioning (not leading the detainee) ensuring that assumptions are not made about the detainee Example from a health-care setting (video clip) using questionnaires/structured questions/pro-formas asking for details (what/where/when/who) seeking corroborative evidence

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

Questions? Contact Rachel Lindsay Criminal Justice Inspection Northern Ireland +44 (0)