ANNEX
against torture and other cruel, inhuman or
degrading treatment or punishment;
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;
c) To submit proposals and observations
concerning existing or draft legislation.
Article 20
In order to enable the national preventive
mechanisms to fulfil their mandate, the States Parties
to the present Protocol undertake to grant them,
a) 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) Access to all information referring to the
treatment of those persons as well as their
conditions of detention;
c) 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 national preventive mechanism believes
may supply relevant information;
e) The liberty to choose the places they want to
visit and the persons they want to interview;
f) The right to have contacts with the
Subcommittee on Prevention, to send it
information and to meet with it.
Article 21
(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.
Article 23
The States Parties to the present Protocol undertake
to publish and disseminate the annual reports of the
national preventive mechanisms.
Part V Declaration
Article 24
(1) Upon ratification, States Parties may make a
declaration postponing the implementation of their
obligations under either part III or 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
Subcommittee on Prevention, the Committee against
Torture may extend that period for an additional two
years.
Part VI Financial provisions
Article 25
(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
(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.
(2) The Special Fund may be financed through
voluntary contributions made by Governments,
intergovernmental
and
non-governmental
organisations and other private or public entities.
Part VII Final provisions
Article 27
(1) The present Protocol is open for signature by any
State that has signed the Convention.
(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.
(3) The present Protocol shall be open to accession by
any State that has ratified or acceded to the
Convention.
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