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Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
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liberty
[
Global Index
]
PREAMBLE
[
go to this PREAMBLE
]
... 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
, ...
... Recognizing that
States
have the primary
responsibility
for
implementing
those
articles
, that strengthening the
protection
of
people
deprived
of their
liberty
and the
full
respect
for their
human rights
is a
common
responsibility
shared
by all and that
international
implementing
bodies
complement and strengthen
national
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
]
... 2. The
Subcommittee on Prevention
shall carry out its
work
within the
framework
of the
Charter of the United Nations
and shall be guided by the
purposes
and
principles
thereof, as well as the
norms
of the
United Nations
concerning
the
treatment
of
people
deprived
of their
liberty
. ...
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-5
[
go to this ARTICLE
]
... 2. The
members
of the
Subcommittee on Prevention
shall be chosen from among
persons
of high
moral
character
, having proven
professional
experience
in the
field
of the
administration of justice
, in particular
criminal law
,
prison
or
police
administration
, or in the various
fields
relevant
to the
treatment
of
persons
deprived
of their
liberty
. ...
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
; ...
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-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
; ...
... (d) The
opportunity
to have
private
interviews
with the
persons
deprived
of their
liberty
without
witnesses
, either personally or with a translator if deemed necessary, as well as with any other
person
who the
Subcommittee on Prevention
believes may
supply
relevant
information
; ...
... (e) The
liberty
to
choose
the
places
it wants to
visit
and the
persons
it wants to
interview
. ...
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
; ...
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
; ...
... (d) The
opportunity
to have
private
interviews
with the
persons
deprived
of their
liberty
without
witnesses
, either personally or with a translator if deemed necessary, as well as with any other
person
who the
national preventive mechanism
believes may
supply
relevant
information
; ...
... (e) The
liberty
to
choose
the
places
they want to
visit
and the
persons
they want to
interview
; ...
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