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Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
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cruel
[
Global Index
]
PREAMBLE
[
go to this PREAMBLE
]
...
Reaffirming
that
torture
and other
cruel
,
inhuman
or
degrading treatment
or
punishment
are
prohibited
and
constitute
serious
violations of
human rights
, ...
... Convinced that further
measures
are necessary to
achieve
the
purposes
of the
Convention
against
Torture
and Other
Cruel
,
Inhuman
or
Degrading Treatment
or
Punishment
(hereinafter referred to as the
Convention
) and to strengthen the
protection
of
persons
deprived
of their
liberty
against
torture
and other
cruel
,
inhuman
or
degrading treatment
or
punishment
, ...
... Convinced that further
measures
are necessary to
achieve
the
purposes
of the
Convention
against
Torture
and Other
Cruel
,
Inhuman
or
Degrading Treatment
or
Punishment
(hereinafter referred to as the
Convention
) and to strengthen the
protection
of
persons
deprived
of their
liberty
against
torture
and other
cruel
,
inhuman
or
degrading treatment
or
punishment
, ...
... Recalling that
articles
2 and 16 of the
Convention
oblige each
State Party
to take effective
measures
to
prevent
acts
of
torture
and other
cruel
,
inhuman
or
degrading treatment
or
punishment
in any
territory
under its
jurisdiction
, ...
... Recalling that the effective
prevention
of
torture
and other
cruel
,
inhuman
or
degrading treatment
or
punishment
requires
education
and a
combination
of various
legislative
,
administrative
,
judicial
and other
measures
, ...
... Convinced that the
protection
of
persons
deprived
of their
liberty
against
torture
and other
cruel
,
inhuman
or
degrading treatment
or
punishment
can be strengthened by non-
judicial
means of a
preventive
nature
, based on
regular
visits
to
places
of
detention
, ...
ARTICLE-1
[
go to this ARTICLE
]
... The
objective
of the present
Protocol
is to
establish
a
system
of
regular
visits
undertaken by
independent
international
and
national
bodies
to
places
where
people
are
deprived
of their
liberty
, in
order
to
prevent
torture
and other
cruel
,
inhuman
or
degrading treatment
or
punishment
. ...
ARTICLE-2
[
go to this ARTICLE
]
... 1. A
Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
of the
Committee against Torture
(hereinafter referred to as the
Subcommittee on Prevention
) shall be
established
and shall carry out the functions laid down in the present
Protocol
. ...
ARTICLE-3
[
go to this ARTICLE
]
... Each
State Party
shall set up,
designate
or maintain at the
domestic
level one or several
visiting
bodies
for the
prevention
of
torture
and other
cruel
,
inhuman
or
degrading treatment
or
punishment
(hereinafter referred to as the
national preventive mechanism
). ...
ARTICLE-4
[
go to this ARTICLE
]
... 1. Each
State Party
shall allow
visits
, in
accordance
with the present
Protocol
, by the
mechanisms
referred to in
articles
2
and
3
to any
place
under its
jurisdiction
and
control
where
persons
are or may be
deprived
of their
liberty
, either by
virtue
of an
order
given by a
public authority
or at its instigation or with its
consent
or
acquiescence
(hereinafter referred to as
places
of
detention
). These
visits
shall be undertaken with a
view
to strengthening, if necessary, the
protection
of these
persons
against
torture
and other
cruel
,
inhuman
or
degrading treatment
or
punishment
. ...
ARTICLE-11
[
go to this ARTICLE
]
... (a)
Visit
the
places
referred to in
article
4
and make
recommendations
to
States Parties
concerning
the
protection
of
persons
deprived
of their
liberty
against
torture
and other
cruel
,
inhuman
or
degrading treatment
or
punishment
; ...
... (iii) Advise and assist them in the
evaluation
of the needs and the means necessary to strengthen the
protection
of
persons
deprived
of their
liberty
against
torture
and other
cruel
,
inhuman
or
degrading treatment
or
punishment
; ...
... (iv) Make
recommendations
and
observations
to the
States Parties
with a
view
to strengthening the
capacity
and the
mandate
of the
national preventive mechanisms
for the
prevention
of
torture
and other
cruel
,
inhuman
or
degrading treatment
or
punishment
; ...
... (c)
Cooperate
, for the
prevention
of
torture
in
general
, with the
relevant
United Nations
organs
and
mechanisms
as well as with the
international
,
regional
and
national institutions
or
organizations
working
towards the strengthening of the
protection
of all
persons
against
torture
and other
cruel
,
inhuman
or
degrading treatment
or
punishment
. ...
ARTICLE-12
[
go to this ARTICLE
]
... (b) To provide all
relevant
information
the
Subcommittee on Prevention
may
request
to evaluate the needs and
measures
that should be
adopted
to strengthen the
protection
of
persons
deprived
of their
liberty
against
torture
and other
cruel
,
inhuman
or
degrading treatment
or
punishment
; ...
ARTICLE-19
[
go to this ARTICLE
]
... (a) To regularly examine the
treatment
of the
persons
deprived
of their
liberty
in
places
of
detention
as defined in
article
4
, with a
view
to strengthening, if necessary, their
protection
against
torture
and other
cruel
,
inhuman
or
degrading treatment
or
punishment
; ...
... (b) To make
recommendations
to the
relevant
authorities
with the aim of
improving
the
treatment
and the
conditions
of the
persons
deprived
of their
liberty
and to
prevent
torture
and other
cruel
,
inhuman
or
degrading treatment
or
punishment
, taking into
consideration
the
relevant
norms
of the
United Nations
; ...
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