Evaluating the effectiveness of the national institutions under the optional protocol to the UN convention on torture
Lead Research Organisation:
University of Bristol
Department Name: Law
Abstract
The international human rights community has become increasingly interested in the role of national institutions created by government to promote and protect human rights. Their effectiveness has, however, been questioned. The Optional Protocol to the UN Convention on Torture requires states to appoint national bodies to visit places of detention and make recommendations to governments on measures to prevent torture. This research will examine factors required to ensure such institutions are effective. It will consider how states decide which institutions to appoint, how institutions are likely to operate and how they will interact with bodies established at the international level.
Publications
Hardwick N
(2019)
Regularity of OPCAT visits by NPMs in Europe
in Australian Journal of Human Rights
Laing J
(2017)
Measuring The Incidence Of Article 3 ECHR Violations In Places Of Detention In The UK: Implications For The National Preventive Mechanism
in European Human Rights law Review
Laing J
(2017)
Measuring the incidence of Article 3 ECHR violations in Places of Detention in the UK: Implications for the National Preventive Mechanism
in European Human Rights Law Review
Laing J
(2017)
Measuring the incidence of Article 3 ECHR violations in Places of Detention in the UK: Implications for the National Preventive Mechanism'
in European Human Rights Law Review
Laing, J
(2020)
Lay visitors in places of detention in the UK: evaluating compliance with the UN OPCAT
in European Human Rights Law Review
Murray R
(2016)
Lay visitors in places of detention in the UK
Murray R
(2016)
Ill treatment in places of detention in the UK
| Description | The grant enabled us to position our work within the key policy debates at the UN, regional and national levels on OPCAT to the extent that we are now known as one of the principal civil society actors in this area. As a result of this grant we engage regularly with the SPT, the African Commission's CPTA, and other civil society organisations working on OPCAT. We have secured additional grants from the EU, FCO and others to take various aspects of the work forward. We have an excellent ongoing relationship with the UK NPM and are regularly asked for advice and commentary in other States. |
| Exploitation Route | We have had a huge impact on the OPCAT agenda. Our advice has been used by the SPT, governments and other organisations (details on our website) and we have influenced the policy and legal agenda in this area. |
| Sectors | Government, Democracy and Justice,Other |
| URL | http://www.bristol.ac.uk/law/research/centres-themes/hric/projects/opcatproject/#d.en.278680 |
| Description | Our findings have been used by the UN SPT with whom we continue to engage many years after the end of the grant; by governments whom we have provided with advice on implementation of OPCAT, including on draft legislation; by CSOs and others engaging with OPCAT; by the UK NPM with whom we have held a series of events, among others. We are regularly asked to provide advice to governments, civil society organisations and NPMs on the implementation of OPCAT in their States. The co-applicant on the grant, Professor Malcolm Evans, still holds the position of Chair of the SPT; and one of the researchers on the grant, Dr Elina Steinerte, is now the Chair of the UN Working Group on Arbitrary Detention. The HRIC at Bristol is seen as the hub of expertise on OPCAT thanks to the grant. Our recent engagements are with the UK NPM, development of the governance and institutional model for the South African NPM, and a system for independent monitoring of places of detention in the Overseas Territories of the UK. |
| First Year Of Impact | 2006 |
| Sector | Government, Democracy and Justice,Other |
| Impact Types | Policy & public services |
| Description | Influence on Irish choice of NPM |
| Geographic Reach | Europe |
| Policy Influence Type | Contribution to a national consultation/review |
| Impact | Successful tender for the Irish Human Rights and Equality Commission to produce a report on the options for NPMs in Ireland if it ratified OPCAT. Report produced and published in February 2017 to influence government on ratifying the instrument and its selection of the bodies in Ireland to crry out the NPM role. |
| Description | Options for the NPM in Ireland under OPCAT |
| Geographic Reach | Europe |
| Policy Influence Type | Implementation circular/rapid advice/letter to e.g. Ministry of Health |
| Impact | The Irish Human Rights and Equality Commission (IHREC) commissioned the HRIC to produce a report outlining the options for an NPM for Ireland. A report was produced in collaboration with the IHREC which has used it for its policy in this area, engaging with relevant government departments to progress the ratification of OPCAT in Ireland. A Roundtable was held in October 2017 in Dublin to present the report. |
| URL | https://www.ihrec.ie/our-work/cat/opcat/ |
| Description | Work with UK National Preventive Mechanism (NPM) |
| Geographic Reach | National |
| Policy Influence Type | Influenced training of practitioners or researchers |
| Impact | We have worked with the UK NPM coordinating team as well as individual members of the UK NPM since its inception to influence its policy and practice. The UK NPM consistently cites us in its annual reports as supporting its work. In 2018 - 2019 we have been involved in the production of papers on the lack of statistics of ill treatment in places of detention in the UK, and use of lay visitors in monitoring places of detention in the UK. These were both pieces of research and subsequent publications requested by the UK NPM. |
| URL | https://www.nationalpreventivemechanism.org.uk/ |
| Description | EC Grant to develop torture prevention strategies in African states |
| Amount | £75,000 (GBP) |
| Funding ID | EuropeAid |
| Organisation | European Commission |
| Sector | Public |
| Country | European Union (EU) |
| Start | 01/2010 |
| End | 02/2015 |
| Description | Human Rights and Democracy Programme |
| Amount | £58,270 (GBP) |
| Organisation | Foreign Commonwealth and Development Office (FCDO) |
| Sector | Public |
| Country | United Kingdom |
| Start | 08/2015 |
| End | 02/2016 |
| Description | Policy Bristol Support Scheme |
| Amount | £1,380 (GBP) |
| Organisation | University of Bristol |
| Sector | Academic/University |
| Country | United Kingdom |
| Start | 06/2017 |
| End | 07/2017 |
| Description | Policy Bristol Support Scheme |
| Amount | £2,821 (GBP) |
| Organisation | University of Bristol |
| Sector | Academic/University |
| Country | United Kingdom |
| Start | 04/2018 |
| End | 07/2018 |
| Description | Collaboration with the Committee for the Prevention of Torture in Africa (CPTA) |
| Organisation | African Commission on Human and Peoples' Rights |
| Department | Committee on Prevention of Torture in Africa |
| Country | Gambia |
| Sector | Public |
| PI Contribution | The team at the University of Bristol (Debra Long and Rachel Murray) have offered research support to the CPTA, a committee under the African Commission on Human and Peoples' Rights, in terms of reports and analysis. The Human Rights Implementation Centre at the University of Bristol runs a Human Rights Law Clinic which involves placing students in teams who then provide background research for external organisations. The teams have provided research reports on the laws and practices of various African countries at the request of the CPTA. |
| Collaborator Contribution | Request for advice from the research team and input into their reports. The CPTA have requested that we sign a memorandum of understanding with them to consolidate and formalise our work. This has yet to be realised. |
| Impact | Internal reports for the CPTA. |
| Start Year | 2017 |
| Description | Collaboration with the UK National Preventive Mechanism |
| Organisation | UK National Preventive Mechanism |
| Country | United Kingdom |
| Sector | Public |
| PI Contribution | Collaboration with the UK NPM through its coordinator at Her Majestys Inspectorate of Prisons (HMIP). Includes co-organisation of events, background research and briefing papers carried out on their request or in collaboration with them. This has included in 2019 the organisation, for which Murray sought internal funding from the University of Bristol, to hold, with the UK NPM, a series of roundtables to brief members in advance of the visit of the UN Subcommittee for Prevention of Torture (SPT) when it visited the UK. A briefing paper was produced by Prof Murray which identified areas for consideration by the SPT and strategies that the NPM could use to address them. |
| Collaborator Contribution | Shared events, shared papers, facilitating other contacts. |
| Impact | Roundtables, academic and policy publications, background research. Impact on how UK NPM carries out its functions. |
| Start Year | 2006 |
| Description | Meeting bringing together SPT to discuss future strategy |
| Form Of Engagement Activity | Participation in an activity, workshop or similar |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Professional Practitioners |
| Results and Impact | A meeting to bring together past and present including new members of the UN SPT to discuss strategies for the future. Organissed in collaboration with Royal Holloway university where the former Her Majesty's Inspectorate of Prisons, Prof Nick Hardwick is now based. |
| Year(s) Of Engagement Activity | 2016,2017 |
| Description | Roundtable on measuring ill treatment in detention contexts in the UK |
| Form Of Engagement Activity | A formal working group, expert panel or dialogue |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Professional Practitioners |
| Results and Impact | We held a one day event at the NPM offices in London in June 2017 to bring together representatives from relevant NPM members. The meeting enabledrepresentatives to identify the gaps and challenges of collecting data on ill-treatment and discuss how these can be overcome by sharing examples of good practice. The workshop had an impact in terms of informing and influencing the future work of the UK NPM, especially relating to data collection and complaints mechanisms. |
| Year(s) Of Engagement Activity | 2017 |