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Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
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person
[
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]
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
, ...
... 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
. ...
... 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
. ...
... 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
. ...
... 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-6
[
go to this ARTICLE
]
... 3. At least five
months
before the
date
of the
meeting
of the
States Parties
during which the
elections
will be held, the
Secretary-General of the United Nations
shall
address
a
letter
to the
States Parties
inviting them to submit their
nominations
within three
months
. The
Secretary-General
shall submit a
list
, in
alphabetical
order
, of all
persons
thus nominated, indicating the
States Parties
that have nominated them. ...
ARTICLE-7
[
go to this ARTICLE
]
... (d)
Elections
of the
members
of the
Subcommittee on Prevention
shall be held at biennial
meetings
of the
States Parties
convened by the
Secretary-General of the United Nations
. At those
meetings
, for which two thirds of the
States Parties
shall
constitute
a
quorum
, the
persons
elected
to the
Subcommittee on Prevention
shall be those who obtain the largest
number of votes
and an
absolute majority
of the
votes
of the
representatives
of the
States Parties
present and
voting
. ...
ARTICLE-8
[
go to this ARTICLE
]
... If a
member
of the
Subcommittee on Prevention
dies
or
resigns
, or for any cause can no longer perform his or her
duties
, the
State Party
that nominated the
member
shall
nominate
another
eligible
person
possessing
the
qualifications
and
meeting
the
requirements
set out in
article
5
, taking into
account
the need for a proper
balance
among the various
fields
of
competence
, to serve until the next
meeting
of the
States Parties
,
subject
to the
approval
of the
majority
of the
States Parties
. The
approval
shall be considered given unless half or more of the
States Parties
respond negatively within six
weeks
after having been informed by the
Secretary-General of the United Nations
of the proposed
appointment
. ...
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
; ...
... (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-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
; ...
... (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
; ...
... (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-15
[
go to this ARTICLE
]
... No
authority
or
official
shall
order
, apply,
permit
or tolerate any
sanction
against any
person
or
organization
for having
communicated
to the
Subcommittee on Prevention
or to its
delegates
any
information
, whether true or
false
, and no such
person
or
organization
shall be otherwise prejudiced in any way. ...
... No
authority
or
official
shall
order
, apply,
permit
or tolerate any
sanction
against any
person
or
organization
for having
communicated
to the
Subcommittee on Prevention
or to its
delegates
any
information
, whether true or
false
, and no such
person
or
organization
shall be otherwise prejudiced in any way. ...
ARTICLE-16
[
go to this ARTICLE
]
... 2. The
Subcommittee on Prevention
shall
publish
its
report
, together with any comments of the
State Party
concerned
, whenever requested to do so by that
State Party
. If the
State Party
makes part of the
report
public
, the
Subcommittee on Prevention
may
publish
the
report
in whole or in part. However, no
personal data
shall be
published
without the express
consent
of the
person
concerned
. ...
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
; ...
... (b)
Access
to all
information
referring to the
treatment
of those
persons
as well as their
conditions
of
detention
; ...
... (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
; ...
... (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
; ...
ARTICLE-21
[
go to this ARTICLE
]
... 1. No
authority
or
official
shall
order
, apply,
permit
or tolerate any
sanction
against any
person
or
organization
for having
communicated
to the
national preventive mechanism
any
information
, whether true or
false
, and no such
person
or
organization
shall be otherwise prejudiced in any way. ...
... 1. No
authority
or
official
shall
order
, apply,
permit
or tolerate any
sanction
against any
person
or
organization
for having
communicated
to the
national preventive mechanism
any
information
, whether true or
false
, and no such
person
or
organization
shall be otherwise prejudiced in any way. ...
... 2.
Confidential information
collected by the
national preventive mechanism
shall be
privileged
. No
personal data
shall be
published
without the express
consent
of the
person
concerned
. ...
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