GENERAL ASSEMBLY RESOLUTION 57/199 ON THE OPTIONAL PROTOCOL TO THE CONVENTION AGAINST
TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT OF 18 DECEMBER 2002
(4) If the Subcommittee on Prevention considers it
appropriate, it may propose a short follow-up visit
after a regular visit.
Article 14
(1) In order to enable the Subcommittee on
Prevention to fulfil 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 those persons as well as their
conditions of detention;
c) Subject to paragraph 2 below, 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
who the Subcommittee on Prevention believes
may supply relevant information;
e) The liberty to choose the places it wants to visit
and the persons it wants to interview.
(2) Objection to a visit to a particular place of
detention may be made only on urgent and compelling
grounds of national defence, public safety, natural
disaster or serious disorder in the place to be visited
that temporarily prevent the carrying out of such a
visit. The existence of a declared state of emergency as
such shall not be invoked by a State Party as a reason
to object to a visit.
Article 15
No authority or official shall order, apply, permit or
tolerate any sanction against any person or
organisation for having communicated to the
Subcommittee 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.
Article 16
(1) The Subcommittee on Prevention shall
communicate its recommendations and observations
confidentially to the State Party and, if relevant, to the
national preventive mechanism.
(2) The Subcommittee on Prevention shall publish its
report, together with any comments of the State Party
concerned, whenever requested to do so by that State
Party. If the State Party makes part of the report
public, the Subcommittee 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 Subcommittee on Prevention shall present a
public annual report on its activities to the
Committee against Torture.
(4) If the State Party refuses to cooperate with the
Subcommittee on Prevention according to articles 12
and 14, or to take steps to improve the situation in the
light of the recommendations of the Subcommittee
on Prevention, the Committee against Torture may,
at the request of the Subcommittee 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 report of the Subcommittee on
Prevention.
Part IV National preventive mechanisms
Article 17
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.
Article 18
(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 ensure 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 19
The national preventive mechanisms shall be granted
at a minimum the power,
a) To regularly examine the treatment of the
persons deprived of their liberty in places of
detention as defined in article 4, with a view to
strengthening, if necessary, their protection
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