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Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
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States Part
[
Global Index
]
PREAMBLE
[
go to this PREAMBLE
]
... The
States Parties
to the present
Protocol
, ...
ARTICLE-2
[
go to this ARTICLE
]
... 4. The
Subcommittee on Prevention
and the
States Parties
shall
cooperate
in the
implementation
of the present
Protocol
. ...
ARTICLE-5
[
go to this ARTICLE
]
... 3. In the composition of the
Subcommittee on Prevention
due
consideration
shall be given to
equitable
geographic
distribution
and to the
representation
of different forms of
civilization
and
legal systems
of the
States Parties
. ...
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. ...
... 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. ...
... 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
]
... (c) The
States Parties
shall
elect
the
members
of the
Subcommittee on Prevention
by
secret ballot
; ...
... (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
. ...
... (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
. ...
... (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
. ...
... 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
. ...
... 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
; ...
... (i) Advise and assist
States Parties
, when necessary, in their
establishment
; ...
... (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
; ...
ARTICLE-12
[
go to this ARTICLE
]
... In
order
to enable the
Subcommittee on Prevention
to comply with its
mandate
as laid down in
article
11
, the
States Parties
undertake
: ...
ARTICLE-13
[
go to this ARTICLE
]
... 1. The
Subcommittee on Prevention
shall
establish
, at first by
lot
, a
programme
of
regular
visits
to the
States Parties
in
order
to fulfil its
mandate
as
established
in
article
11
. ...
... 2. After
consultations
, the
Subcommittee on Prevention
shall notify the
States Parties
of its
programme
in
order
that they may, without
delay
, make the necessary
practical
arrangements
for the
visits
to be
conducted
. ...
... 3. The
visits
shall be
conducted
by at least two
members
of the
Subcommittee on Prevention
. These
members
may be accompanied, if needed, by
experts
of demonstrated
professional
experience
and
knowledge
in the
fields
covered by the present
Protocol
who shall be selected from a roster of
experts
prepared on the basis of
proposals
made by the
States Parties
, the
Office
of the
United Nations
High Commissioner
for
Human Rights
and the
United Nations
Centre for
International
Crime
Prevention
. In preparing the roster, the
States Parties
concerned
shall
propose
no more than five
national
experts
. The
State Party
concerned
may
oppose
the inclusion of a
specific
expert
in the
visit
, whereupon the
Subcommittee on Prevention
shall
propose
another
expert
. ...
... 3. The
visits
shall be
conducted
by at least two
members
of the
Subcommittee on Prevention
. These
members
may be accompanied, if needed, by
experts
of demonstrated
professional
experience
and
knowledge
in the
fields
covered by the present
Protocol
who shall be selected from a roster of
experts
prepared on the basis of
proposals
made by the
States Parties
, the
Office
of the
United Nations
High Commissioner
for
Human Rights
and the
United Nations
Centre for
International
Crime
Prevention
. In preparing the roster, the
States Parties
concerned
shall
propose
no more than five
national
experts
. The
State Party
concerned
may
oppose
the inclusion of a
specific
expert
in the
visit
, whereupon the
Subcommittee on Prevention
shall
propose
another
expert
. ...
ARTICLE-14
[
go to this ARTICLE
]
... 1. In
order
to enable the
Subcommittee on Prevention
to fulfil its
mandate
, the
States Parties
to the present
Protocol
undertake
to
grant
it: ...
ARTICLE-18
[
go to this ARTICLE
]
... 1. The
States Parties
shall guarantee the functional
independence
of the
national preventive mechanisms
as well as the
independence
of their
personnel
. ...
... 2. The
States Parties
shall take the necessary
measures
to ens ure that the
experts
of the
national preventive mechanism
have the required capabilities and
professional
knowledge
. They shall strive for a
gender
balance
and the adequate
representation
of
ethnic
and
minority groups
in the
country
. ...
... 3. The
States Parties
undertake
to make available the necessary
resources
for the
functioning
of the
national preventive mechanisms
. ...
... 4. When
establishing
national preventive mechanisms
,
States Parties
shall give
due
consideration
to the
Principles
relating to the
status
of
national institutions
for the
promotion
and
protection
of
human rights
. ...
ARTICLE-20
[
go to this ARTICLE
]
... In
order
to enable the
national preventive mechanisms
to fulfil their
mandate
, the
States Parties
to the present
Protocol
undertake
to
grant
them: ...
ARTICLE-23
[
go to this ARTICLE
]
... The
States Parties
to the present
Protocol
undertake
to
publish
and
disseminate
the
annual
reports
of the
national preventive mechanisms
. ...
ARTICLE-24
[
go to this ARTICLE
]
... 1. Upon
ratification
,
States Parties
may make a
declaration
postponing the
implementation
of their
obligations
under either part III or part IV of the present
Protocol
. ...
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
. ...
ARTICLE-33
[
go to this ARTICLE
]
... 1. Any
State Party
may
denounce
the present
Protocol
at any
time
by
written notification
addressed to the
Secretary-General of the United Nations
, who shall thereafter inform the other
States Parties
to the present
Protocol
and the
Convention
.
Denunciation
shall take
effect
one
year
after the
date of receipt
of the
notification
by the
Secretary-General
. ...
ARTICLE-34
[
go to this ARTICLE
]
... 1. Any
State Party
to the present
Protocol
may
propose
an
amendment
and file it with the
Secretary-General of the United Nations
. The
Secretary-General
shall thereupon
communicate
the proposed
amendment
to the
States Parties
to the present
Protocol
with a
request
that they notify him whether they favour a
conference
of
States Parties
for the
purpose
of considering and
voting
upon the
proposal
. In the
event
that within four
months
from the
date
of such
communication
at least one third of the
States Parties
favour such a
conference
, the
Secretary-General
shall
convene
the
conference
under the auspices of the
United Nations
. Any
amendment
adopted
by a
majority
of two thirds of the
States Parties
present and
voting
at the
conference
shall be submitted by the
Secretary-General of the United Nations
to all
States Parties
for
acceptance
. ...
... 1. Any
State Party
to the present
Protocol
may
propose
an
amendment
and file it with the
Secretary-General of the United Nations
. The
Secretary-General
shall thereupon
communicate
the proposed
amendment
to the
States Parties
to the present
Protocol
with a
request
that they notify him whether they favour a
conference
of
States Parties
for the
purpose
of considering and
voting
upon the
proposal
. In the
event
that within four
months
from the
date
of such
communication
at least one third of the
States Parties
favour such a
conference
, the
Secretary-General
shall
convene
the
conference
under the auspices of the
United Nations
. Any
amendment
adopted
by a
majority
of two thirds of the
States Parties
present and
voting
at the
conference
shall be submitted by the
Secretary-General of the United Nations
to all
States Parties
for
acceptance
. ...
... 1. Any
State Party
to the present
Protocol
may
propose
an
amendment
and file it with the
Secretary-General of the United Nations
. The
Secretary-General
shall thereupon
communicate
the proposed
amendment
to the
States Parties
to the present
Protocol
with a
request
that they notify him whether they favour a
conference
of
States Parties
for the
purpose
of considering and
voting
upon the
proposal
. In the
event
that within four
months
from the
date
of such
communication
at least one third of the
States Parties
favour such a
conference
, the
Secretary-General
shall
convene
the
conference
under the auspices of the
United Nations
. Any
amendment
adopted
by a
majority
of two thirds of the
States Parties
present and
voting
at the
conference
shall be submitted by the
Secretary-General of the United Nations
to all
States Parties
for
acceptance
. ...
... 1. Any
State Party
to the present
Protocol
may
propose
an
amendment
and file it with the
Secretary-General of the United Nations
. The
Secretary-General
shall thereupon
communicate
the proposed
amendment
to the
States Parties
to the present
Protocol
with a
request
that they notify him whether they favour a
conference
of
States Parties
for the
purpose
of considering and
voting
upon the
proposal
. In the
event
that within four
months
from the
date
of such
communication
at least one third of the
States Parties
favour such a
conference
, the
Secretary-General
shall
convene
the
conference
under the auspices of the
United Nations
. Any
amendment
adopted
by a
majority
of two thirds of the
States Parties
present and
voting
at the
conference
shall be submitted by the
Secretary-General of the United Nations
to all
States Parties
for
acceptance
. ...
... 1. Any
State Party
to the present
Protocol
may
propose
an
amendment
and file it with the
Secretary-General of the United Nations
. The
Secretary-General
shall thereupon
communicate
the proposed
amendment
to the
States Parties
to the present
Protocol
with a
request
that they notify him whether they favour a
conference
of
States Parties
for the
purpose
of considering and
voting
upon the
proposal
. In the
event
that within four
months
from the
date
of such
communication
at least one third of the
States Parties
favour such a
conference
, the
Secretary-General
shall
convene
the
conference
under the auspices of the
United Nations
. Any
amendment
adopted
by a
majority
of two thirds of the
States Parties
present and
voting
at the
conference
shall be submitted by the
Secretary-General of the United Nations
to all
States Parties
for
acceptance
. ...
... 2. An
amendment
adopted
in
accordance
with paragraph 1 of the present
article
shall come into
force
when it has been
accepted
by a two -thirds
majority
of the
States Parties
to the present
Protocol
in
accordance
with their respective
constitutional
processes
. ...
... 3. When
amendments
come into
force
, they shall be
binding
on those
States Parties
that have
accepted
them, other
States Parties
still being bound by the
provisions
of the present
Protocol
and any earlier
amendment
that they have
accepted
. ...
... 3. When
amendments
come into
force
, they shall be
binding
on those
States Parties
that have
accepted
them, other
States Parties
still being bound by the
provisions
of the present
Protocol
and any earlier
amendment
that they have
accepted
. ...
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