ANNEX
degrading treatment or punishment in any territory
under its jurisdiction,
impartiality,
objectivity.
Recognising that States have the primary responsibility
for implementing those articles, that strengthening
the protection of people deprived of their liberty and
the full respect for their human rights is a common
responsibility shared by all and that international
implementing bodies complement and strengthen
national measures,
(4) The Subcommittee on Prevention and the States
Parties shall cooperate in the implementation of the
present Protocol.
Recalling that the effective prevention of torture and
other cruel, inhuman or degrading treatment or
punishment requires education and a combination of
various legislative, administrative, judicial and other
measures,
Recalling also that the World Conference on Human
Rights firmly declared that efforts to eradicate torture
should first and foremost be concentrated on
prevention and called for the adoption of an optional
protocol to the Convention, intended to establish a
preventive system of regular visits to places of
detention,
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,
Have agreed as follows:
Part I General Principles
Article 1
The objective of the present 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.
Article 2
(1) A Subcommittee on Prevention of Torture and
Other Cruel, Inhuman or Degrading Treatment or
Punishment of the Committee against Torture
(hereinafter referred to as the Subcommittee on
Prevention) shall be established and shall carry out the
functions laid down in the present Protocol.
(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.
non-selectivity,
universality
and
Article 3
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).
Article 4
(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.
Part II The Subcommittee on Prevention
Article 5
(1) The Subcommittee on Prevention shall consist of
ten members. After the fiftieth ratification of or
accession to the present Protocol, the number of the
members of the Subcommittee on Prevention shall
increase to twenty-five.
(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.
(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 civilisation and
legal systems of the States Parties.
(3) Equally, the Subcommittee on Prevention shall be
guided by the principles of confidentiality,
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