Texts of acts
PART III
Mandate of the Subcommittee on Prevention
Article 11
1. The Subcommittee on Prevention shall:
(a) Visit the places referred to in article 4 and make recommendations to States Parties concerning the protection of
persons deprived of their liberty against torture and other
cruel, inhuman or degrading treatment or punishment;
(b) In regard to the national preventive mechanisms:
(i) Advise and assist States Parties, when necessary, in
their establishment;
(ii) Maintain direct, and if necessary confidential, contact
with the national preventive mechanisms and offer
them training and technical assistance with a view to
strengthening their capacities;
(iii) Advise and assist them in the evaluation of the needs
and the means necessary to strengthen the protection
of persons deprived of their liberty against torture
and other cruel, inhuman or degrading treatment or
punishment;
(iv) 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;
(c) 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 organizations working towards the strengthening of the
protection of all persons against torture and other cruel,
inhuman or degrading treatment or punishment.
Article 12
In order to enable the Subcommittee on Prevention to comply
with its mandate as laid down in article 11, the States Parties
undertake:
(a) To receive the Subcommittee on Prevention in their territory
and grant it access to the places of detention as defined in
article 4 of the present Protocol;
(b) To provide all relevant information the Subcommittee on
Prevention may request to evaluate the needs and measures
that should be adopted to strengthen the protection of
persons deprived of their liberty against torture and other
cruel, inhuman or degrading treatment or punishment;
(c) To encourage and facilitate contacts between the
Subcommittee on Prevention and the national preventive
mechanisms;
(d) To examine the recommendations of the Subcommittee
on Prevention and enter into dialogue with it on possible
implementation measures.
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Article 13
1. The Subcommittee on Prevention shall establish, at first by
lot, a programme of regular visits to the States Parties in order
to fulfil its mandate as established in article 11.
2. After consultations, the Subcommittee on Prevention shall
notify the States Parties of its programme in order that they may,
without delay, make the necessary practical arrangements for
the visits to be conducted.
3. The visits shall be conducted by at least two members of
the Subcommittee on Prevention. These members may be
accompanied, if needed, by experts of demonstrated professional experience and knowledge in the fields covered by the
present Protocol who shall be selected from a roster of experts
prepared on the basis of proposals made by the States Parties,
the Office of the United Nations High Commissioner for Human
Rights and the United Nations Centre for International 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 Subcommittee on Prevention shall
propose another expert.
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.
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