NORWEGIAN PARLIAMENTARY OMBUDSMAN
National Preventive Mechanism
ANNUAL REPORT 2016
80
The Optional Protocol to
the Convention against Torture
(selected articles)
Optional Protocol to the Convention against
Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment
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.
3. Equally, the Subcommittee on Prevention shall be guided
by the principles of confidentiality, impartiality, non-selectivity,
universality and objectivity.
4. The Subcommittee on Prevention and the States Parties
shall cooperate in the implementation of the present Protocol.
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
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 civilization and
legal systems of the States Parties.
4. In this composition consideration shall also be given to
balanced gender representation on the basis of the principles
of equality and non-discrimination.
5. No two members of the Subcommittee on Prevention may be
nationals of the same State.
6. The members of the Subcommittee on Prevention shall serve
in their individual capacity, shall be independent and impartial
and shall be available to serve the Subcommittee on Prevention
efficiently.
(Articles 6-10)
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents