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Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
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detention
[
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]
PREAMBLE
[
go to this PREAMBLE
]
... Recalling also that the
World
Conference
on
Human Rights
firmly
declared
that efforts to
eradicate
torture
should first and foremost be concentrated on
prevention
and called for the
adoption
of an optional
protocol
to the
Convention
, intended to
establish
a
preventive
system
of
regular
visits
to
places
of
detention
, ...
... 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-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
. ...
... 2. For the
purposes
of the present
Protocol
,
deprivation of liberty
means any form of
detention
or
imprisonment
or the
placement
of a
person
in a
public
or
private
custodial setting which that
person
is not permitted to
leave
at will by
order
of any
judicial
,
administrative
or other
authority
. ...
ARTICLE-12
[
go to this ARTICLE
]
... (a) To
receive
the
Subcommittee on Prevention
in their
territory
and
grant
it
access
to the
places
of
detention
as defined in
article
4
of the present
Protocol
; ...
ARTICLE-14
[
go to this ARTICLE
]
... (a) Unrestricted
access
to all
information
concerning
the
number
of
persons
deprived
of their
liberty
in
places
of
detention
as defined in
article
4
, as well as the
number
of
places
and their
location
; ...
... (b) Unrestricted
access
to all
information
referring to the
treatment
of those
persons
as well as their
conditions
of
detention
; ...
... (c)
Subject
to paragraph 2 below, unrestricted
access
to all
places
of
detention
and their
installations
and
facilities
; ...
... 2.
Objection
to a
visit
to a particular
place
of
detention
may be made only on
urgent
and compelling grounds of
national defence
,
public safety
,
natural disaster
or
serious
disorder in the
place
to be
visited
that temporarily
prevent
the carrying out of such a
visit
. The existence of a
declared
state
of
emergency
as such shall not be invoked by a
State Party
as a
reason
to
object
to a
visit
. ...
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
; ...
ARTICLE-20
[
go to this ARTICLE
]
... (a)
Access
to all
information
concerning
the
number
of
persons
deprived
of their
liberty
in
places
of
detention
as defined in
article
4
, as well as the
number
of
places
and their
location
; ...
... (b)
Access
to all
information
referring to the
treatment
of those
persons
as well as their
conditions
of
detention
; ...
... (c)
Access
to all
places
of
detention
and their
installations
and
facilities
; ...
ARTICLE-31
[
go to this ARTICLE
]
... The
provisions
of the present
Protocol
shall not
affect
the
obligations
of
States Parties
under any
regional
convention
instituting a
system
of
visits
to
places
of
detention
. The
Subcommittee on Prevention
and the
bodies
established
under such
regional
conventions
are
encouraged
to consult and
cooperate
with a
view
to avoiding
duplication
and
promoting
effectively the
objectives
of the present
Protocol
. ...
ARTICLE-32
[
go to this ARTICLE
]
... The
provisions
of the present
Protocol
shall not
affect
the
obligations
of
States Parties
to the four
Geneva Conventions
of 12 August 1949 and the Additional
Protocols
thereto of 8 June 1977, nor the
opportunity
available to any
State Party
to
authorize
the
International Committee of the Red Cross
to
visit
places
of
detention
in
situations
not covered by
international
humanitarian law
. ...
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