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3.
Optional Protocol to the Convention against Torture
By the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or degrading Treatments and Punishments33 (the Optional Protocol) all State parties acknowledged that
mistreatment is prohibited and that it constitutes severe violation of human rights34.35
By the Optional Protocol all State Parties agreed to establish the system of regular visits to the places where persons deprived of their liberty are held by independent international and national bodies, in order to prevent torture or any other
cruel, inhuman or degrading treatment or punishment.35
The intention of the Optional Protocol to enable visits and/or permanent presence of the
mechanism for the prevention of torture in the institutions where persons deprived of their
liberty are placed, due to the understanding that the major problem of closed institutions is
that anything occurring within these institutions is closed to the public.
All State Parties to the Optional Protocol are obliged to allow visits paid by the mechanisms
established under the Optional Protocol 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 approval (places of detention).36
3.1.
Sub-committee on Prevention of Torture37
The Optional Protocol established Sub-Committee on Prevention of Torture and other Cruel,
Inhuman or Degrading Treatment and Punishment38.39
Sub-Committee on Prevention of Torture is authorized to visit all detention places
and issue its recommendations to the State Parties in relation with the protection of persons deprived of their liberty from torture and other cruel, inhuman or
degrading treatment or punishment.39
The State Parties to the Optional Protocol undertake:
– to receive the Sub-committee on Prevention of Torture in their territory;
– to allow unrestricted access to all detention places, its installations and facilities, as selected;
33 Adopted on December 18, 2002 in New York, at the 57th session of the General Assembly of the United Nations
Entered into force by the Resolution А/REС/57/199 on June 22, 2006
34 Optional Protocol, Preamble.
35 Optional Protocol, Article 1
36 Optional Protocol, Article 4, Para 1
37 www2.ohchr.org/english/bodies/cat/opcat/
38 Optional Protocol, Article 2, Para 1
39 Optional Protocol, Article 11 Item (а)
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