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General principles
The objective of
this 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.
1. A
Sub-Committee on Prevention of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment of the Committee against Torture (hereinafter referred
to as the Sub-Committee on Prevention shall be established and shall carry out
the functions laid down in the present Protocol.
2. The
Sub-Committee on Prevention shall carry out its work within the framework of
the Charter of the United Nations and will 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.
3. Equally, the
Sub-Committee on Prevention shall be guided by the principles of
confidentiality, impartiality, non-selectivity, universality and objectivity.
4. The Sub-Committee
on Prevention and the State parties shall cooperate in the implementation of
the present Protocol.
Each State party
shall set up, designate or maintain at the domestic level one or several
visiting bodies for the prevention of torture and other cruel, inhuman or
degrading treatment or punishment (hereinafter referred to as the national
preventive mechanism).
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 referredto
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, from which this person is not permitted to leave at will by
order of any judicial, administrative or other authority.
1. The
Sub-Committee on Prevention shall consist of ten members. After the fiftieth
ratification or accession to the present Protocol, the number of the members of
the Sub-Committee on Prevention shall increase to 25.
2. The members
of the Sub-Committee 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.
3. In the
composition of the Sub-Committee due consideration shall be given to the
equitable geographic distribution and to the representation of different forms
of civilisation and legal systems of the States parties.
4. In this
composition consideration shall also be given to the balanced gender
representation on the basis of the principles of equality and
non-discrimination.
5. No two
members of the Sub-Committee on Prevention may be nationals of the same State.
6. The members
of the Sub-Committee on Prevention shall serve in their individual capacity,
shall be independent and impartial and shall be available to serve the
Sub-Committee on Prevention efficiently.
1. Each State
party may nominate, in accordance with paragraph 2, up to two candidates
possessing the qualifications and meeting the requirements set out in article
5, and in doing so shall provide detailed information on the qualifications of
the nominees.
2. The nominees
shall have the nationality of a State party to the present Protocol;
a. At least one
of the two candidates shall have the nationality of the nominating State party;
b. No more than
two nationals of a State party shall be nominated;
c. Before a
State party nominates a national of another State party, it shall seek and
obtain the consent of that State party.
1. The members
of the Sub-Committee on Prevention shall be elected in the following manner:
a. Primary
consideration shall be given to the fulfilment of the requirements and criteria
of article 5 of the present Protocol;
b. The initial
election shall be held no later than six months after the entry into force of
the present Protocol;
c. The State
parties shall elect the members of the Sub-Committee by secret ballot;
d. Elections of the members of the Sub-Committee 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 Sub-Committee 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;
2. If, during
the election process, two nationals of a State party have become eligible to serve
as members of the Sub-Committee on Prevention, the candidate receiving the
higher number of votes shall serve as the member of the Sub-Committee. Where
nationals have received the same number of votes, the following procedure
applies:
a. Where only one
has been nominated by the State party of which he or she is a national, that
national shall serve as the member of the Sub-Committee on Prevention;
b. Where both
nationals have been nominated by the State party of which they are nationals, a
separate vote by secret ballot shall be held to determine which national shall
become member;
c. Where neither
national has been nominated by the State party of which he or she is a
national, a separate vote by secret ballot shall be held to determine which
national shall be the member.
If a member of
the Sub-Committee on Prevention dies or resigns or for any cause can no longer
perform his or her duties, the State party which 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 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 SecretaryGeneral of the United Nations of the proposed appointment.
The members of the
Sub-Committee on Prevention shall be elected for a term of four years. They
shall be eligible for re-election once if renominated. The term of half the
members elected at the first election shall expire at the end of two years;
immediately after the first election the names of these members shall be chosen
by lot by the Chairman of the meeting referred to in article 7 paragraph 1 d.
1. The Sub-Committee on
Prevention shall elect its officers for a term of two years. They may be
re-elected.
2. The Sub-Committee on
Prevention shall establish its own rules of procedure. These rules shall
provide inter alia that:
a. Half plus one members
shall constitute a quorum;
b. Decisions of the
Sub-Committee on Prevention shall be made by a majority vote of the members
present;
c. The Sub-Committee on
Prevention shall meet in camera.
3. The Secretary-General of the United Nations shall
convene the initial meeting of the SubCommittee on Prevention. After its
initial meeting, the Sub-Committee on Prevention shall meet at such times as
shall be provided by its rules of procedure. The Sub-Committee on Prevention
and the Committee against Torture shall hold their sessions simultaneously at
least once a year.
The Sub-Committee on
Prevention shall:
1. Visit the places referred
to in article 4 and make recommendations to States Parties concerning the
protection of persons deprived of their liberty from torture and other cruel,
inhuman or degrading treatment or punishment;
2. In regard to the national
preventive mechanisms:
a. Advise and assist States
Parties, when necessary, in their establishment;
b. Maintain direct, if
necessary confidential, contact with the national preventive mechanisms and
offer them training and technical assistance with a view to strengthening their
capacities;
c. Advise and assist them in
the evaluation of the needs and the means necessary to strengthen the
protection of persons deprived of their liberty from torture and other cruel,
inhuman or degrading treatment or punishment;
d. 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;
3. 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 organisations working toward the strengthing of the protection
of persons from torture and other cruel, inhuman or degrading treatment or
punishment.
In order to enable the
Sub-Committee on Prevention to comply with its mandate as laid out in article
11, the State parties undertake to:
1. Receive the Sub-Committee
on Prevention in its territory and grant it access to the places of detention
as defined in article 4 of the present Protocol;
2. Share all relevant
information the Sub-Committe on Prevention may request to evaluate the needs
and measures that should be adopted in order to strengthen the protection of
persons deprived of their liberty from torture and other cruel, inhuman or
degrading treatment or punishment;
3. Encourage and facilitate
contacts between the Sub-Committee on Prevention and the national preventive
mechanisms;
4. Examine the
recommendations of the Sub-Committee on Prevention and enter into dialogue with
it on possible implementation measures.
1. The Sub-Committee on Prevention
shall establish, at first by lot, a programme of regular visits to the States
Parties in order to fulfill its mandate as established in article 11.
2. After consultations, the
Sub-Committe on Prevention shall notify its programme to the States Parties for
them to, without delay, make the necessary practical arrangements for the
visits to take place.
3. The visits shall be
conducted by at least two members of the Sub-Committee on Prevention. These
members can be accompanied if needed by experts of demonstrated professional
experience and knowledge in the fields covered by the present Protocol and
shall be selected from a roster of experts prepared on the basis of proposals
made by the States parties, the Office of the High Commissioner for Human Rights
and the United Nations Centre for 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 Sub-Committee on Prevention shall propose another expert.
4. If the Sub-Committee on
Prevention considers it appropriate, it can propose a short follow-up visit to
a regular visit.
1. In order to enable the
Sub-Committee on Prevention to fulfill its mandate the States Parties to the
present Protocol undertake to grant it:
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 these persons as well as their
conditions of detention;
c. Subject to paragraph 2,
unrestricted access to all places of detention and their installations and
facilities;
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 whom the Sub-Committee on Prevention believes may
supply relevant information;
2. Objection to a visit to a
particular place of detention can only be made on urgent and compelling grounds
of national defence, public safety, natural disaster or serious disorder in the
place to be visited, which temporarily prevent the carrying out of such a
visit. The existence of a declaration of a State of Emergency as such shall not
be invoked by a State Party as a reason to object a visit.
No authority or official
shall order, apply, permit or tolerate any sanction against any person or
organisation for having communicated to the Sub-Committee on Prevention or to
its delegates any information, whether true or false, and no such person or
organisation shall be otherwise prejudiced in any way.
1. The Sub-Committe on
Prevention shall communicate its recommendations and observations
confidentially to the State Party and, if relevant, to the national mechanism.
2. The Sub-Committee on
Prevention shall publish its report, together with any comments of the State
Patty concerned, whenever requested to do so by that State party. If the State
Party makes part of the report public, the Sub-Committee 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.
3. The Sub-Committee on
Prevention shall present a public annual report on its acitvities to the Committee
against Torture.
4. If the State Party
refuses to co-operate with the Sub-Committee on Prevention according to
articles 12 and 14, or to take steps to improve the situation in the light of
the Sub-Committee on Prevention's recommendations, the Committee against
Torture may at the request of the Sub-Committee on Prevention decide by a
majority of its members, after the State Party has had an opportunity to make
its views known, to make a public statement on the matter or to publish the
Sub-Committee on Prevention's report.
Each State Party shall
maintain, designate or establish at the latest one year after the entry into
force of the present Protocol or of its ratification or accession, one or several
independent national preventive mechanisms for the prevention of torture at the
domestic level. Mechanisms established by decentralised units may be designated
as national preventive mechanisms for the purposes of the present Protocol, if
they are in conformity with its provisions.
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 in order for the experts of the national mechanism
to 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 and Functioning of National Institutions
for Protection and Promotion of Human Rights.
The national preventive
mechanisms shall be granted at least the powers to:
1. Regularly examine the
treatment of the persons deprived of their liberty in places according to
article 4, with a view to strengthening, if necessary, their protection from
torture, cruel, inhuman or degrading treatment or punishment;
2. 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, cruel, inhuman
or degrading treatment or punishment, taking into consideration the relevant
norms of the United Nations;
3. Submit proposals and
observations concerning existing or draft legislation.
In order to enable the
national preventive mechanisms to fulfil their mandate, the States Parties to
the present Protocol undertake to grant them:
1. 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;
2. Access to all information
referring to the treatment of these persons as well as their conditions of
detention;
3. Access to all places of
detention and their installations and facilities;
4. 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 whom the national preventive mechanism believes may
supply relevant information;
5. The liberty to choose the
places it wants to visit and the persons it wants to interview;
6. The right to have
contacts with the Sub-Committee on Prevention, to send it information and to
meet with it.
1. No authority or official
shall order, apply, permit or tolerate any sanction against any person or
organisation for having communicated to the national preventive mechanism any
information, whether true or false, and no such person or organisation 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.
Article
22
The competent authorities of
the State Party concerned shall examine the recommendations of the national
preventive mechanism and enter into a dialogue with it on possible
implementation measures.
The States Parties to the present
Protocol undertake to publish and disseminate the annual reports of the
national preventive mechanisms.
1. Upon ratification States
Parties can make a declaration postponing the implementation of their
obligations either under Part III or under Part IV of the present Protocol.
2. This postponement shall
be valid for a maximum of three years. After due representations made by the
State Party and after consultation with the Sub-Committee on Prevention, the
Committee against Torture may extend this period for an additional two year
period.
1. The expenditure incurred
by the Sub-Committee 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 Sub-Committee under the present
Protocol.
1. A Special Fund shall be
set up in accordance with General Assembly procedures, 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
Sub-Committee on Prevention to a State party after a visit, as well as
education programmes of the national preventive mechanisms.
2. This Fund may be financed
through voluntary contributions made by Governments, intergovernmental and
non-governmental organizations and other private or public entities.
1. The present Protocol is
open for signature by any State which has signed the Convention.
2. The present Protocol is
subject to ratification by any State which has ratified or acceded to the
Convention. Instruments of ratification shall be deposited with the
Secretary-General of the United Nations.
3. The present Protocol
shall be open to accession by any State which has ratified or acceded to the
Convention.
4. Accession shall be
effected by the deposit of an instrument of accession with the SecretaryGeneral
of the United Nations.
5. The Secretary-General of
the United Nations shall inform all States which have signed the present
Protocol or acceded to it of the deposit of each instrument of ratification or
accession.
Article
28
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 the deposit of its own instrument of
ratification or accession.
The provisions of the
present Protocol shall extend to all parts of federal States without any
limitations or exceptions.
Article
30
No reservations shall be
made to the present Protocol.
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
Sub-Committee 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.
The provisions of the
present Protocol shall not affect the obligations of States parties to the four
Geneva Conventions of 12 August 1949 and their Additional Protocols of 8 June
1997, or 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.
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.
2. Such a denunciation shall
not have the effect of releasing the State party from its obligations under the
present Protocol in regard to any act or situation which occurs prior to the
date at which the denunciation becomes effective, or to the actions that the
Sub-Committee on Prevention has decided or may decide to adopt with respect to
the State Party concerned, nor shall denunciation prejudice in any way the
continued consideration of any matter which is already under consideration by
the Sub-Committee on Prevention prior to the date at which the denunciation
becomes effective.
3. Following the date at
which the denunciation of the State party becomes effective, the SubCommittee
on Prevention shall not commence consideration of any new matter regarding that
State.
1. Any State party to the
present Protocol may propose an amendment and file it with the SecretaryGeneral
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 I 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 process.
3. When amendments come into
force, they shall be binding on those States parties which have accepted them,
other States parties still being bound by the provisions of the present
Protocol and any earlier amendment which they have accepted.
Members of the Sub-Committee
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 Sub-Committee on Prevention shall be accorded
the privileges and immunities specified in section 22 of the Convention on
Privileges and Immunities of the United Nations of 13 February 1946, subject to
the provisions of section 23 of that Convention.
When visiting a State Party
the members of the Sub-Committee on Prevention shall, without prejudice to the
provisions and purposes of the present Protocol and such privileges and
immunities as they may enjoy:
(a) Respect the laws and
regulations of the visited State; and
(b) Refrain from any action
or activity incompatible with the impartial and international nature of their
duties.
1. The present Protocol, of
which the Arabic, Chinese, English, French, Russian and Spanish texts are
equally authentic, shall be deposited 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.
Source:
University of Minnesota-Human Rights Library
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