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Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
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United Nations
[
Global Index
]
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
. ...
... 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-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
[
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]
... (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
[
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]
... 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-10
[
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]
... 3. The
Secretary-General of the United Nations
shall
convene
the
initial
meeting
of the
Subcommittee on Prevention
. After its
initial
meeting
, the
Subcommittee on Prevention
shall
meet
at such times as shall be provided by its
rules of procedure
. The
Subcommittee on Prevention
and the
Committee against Torture
shall hold their
sessions
simultaneously at least once a
year
. ...
ARTICLE-11
[
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]
... (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-13
[
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]
... 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-19
[
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]
... (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-25
[
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]
... 1. The
expenditure
incurred by the
Subcommittee on Prevention
in the
implementation
of the present
Protocol
shall be
borne
by the
United Nations
. ...
... 2. The
Secretary-General of the United Nations
shall provide the necessary
staff
and
facilities
for the effective
performance
of the functions of the
Subcommittee on Prevention
under the present
Protocol
. ...
ARTICLE-26
[
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]
... 1. A
Special Fund
shall be set up in
accordance
with the
relevant
procedures
of the
General Assembly
, to be administered in
accordance
with the
financial
regulations
and
rules
of the
United Nations
, to
help
finance
the
implementation
of the
recommendations
made by the
Subcommittee on Prevention
after a
visit
to a
State Party
, as well as
education
programmes
of the
national preventive mechanisms
. ...
ARTICLE-27
[
go to this ARTICLE
]
... 2. The present
Protocol
is
subject
to
ratification
by any
State
that has
ratified
or
acceded
to the
Convention
.
Instruments of ratification
shall be
deposited
with the
Secretary-General of the United Nations
. ...
... 4.
Accession
shall be effected by the deposit of an
instrument of accession
with the
Secretary-General of the United Nations
. ...
... 5. The
Secretary-General of the United Nations
shall inform all
States
that have
signed
the present
Protocol
or
acceded
to it of the deposit of each
instrument of ratification
or
accession
. ...
ARTICLE-28
[
go to this ARTICLE
]
... 1. The present
Protocol
shall
enter into force
on the thirtieth
day
after the
date
of deposit with the
Secretary-General of the United Nations
of the twentieth
instrument of ratification
or
accession
. ...
... 2. For each
State
ratifying
the present
Protocol
or
acceding
to it after the deposit with the
Secretary-General of the United Nations
of the twentieth
instrument of ratification
or
accession
, the present
Protocol
shall
enter into force
on the thirtieth
day
after the
date
of deposit of its own
instrument of ratification
or
accession
. ...
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
. ...
ARTICLE-35
[
go to this ARTICLE
]
...
Members
of the
Subcommittee on Prevention
and of the
national preventive mechanisms
shall be accorded such
privileges
and
immunities
as are necessary for the
independent
exercise
of their functions.
Members
of the
Subcommittee on Prevention
shall be accorded the
privileges
and
immunities
specified in section 22 of the
Convention on the Privileges and Immunities of the United Nations
of 13 February 1946,
subject
to the
provisions
of section 23 of that
Convention
. ...
ARTICLE-37
[
go to this ARTICLE
]
... 1. The present
Protocol
, of which the
Arabic
,
Chinese
,
English
,
French
,
Russian
and
Spanish
texts are
equally
authentic
, shall be de posited with the
Secretary-General of the United Nations
. ...
... 2. The
Secretary-General of the United Nations
shall transmit
certified copies
of the present
Protocol
to all
States
. ...
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