85
II – 2
Law on Ratification of the Optional Protocols
LAW ON RATIFICATION
(“Off. Gazette of Serbia and Montenegro – International Treaties ”, no . 16/2005 and 2/2006 and “Off.
Gazette – International Treaties ”, no . 7/2011 )
Article 1
Ratify the Optional Protocol to the Convention against Torture and Other Cruel , Inhuman or Degrading
Treatment or Punishment , done at New York on 18 December 2002 , in the original Arabic, Chinese ,
English, French , Russian and Spanish.
Article 2
The text of the Protocol originally in English and translated into Serbian language is as follows:
OPTIONAL PROTOCOL TO THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN
OR DEGRADING TREATMENT OR PUNISHMENT
PREAMBLE
The States Parties to the present Protocol,
Reaffirming that torture and other cruel, inhuman or degrading treatment or punishment are prohibited
and constitute serious violations of human rights,
Convinced that further measures are necessary to achieve the purposes of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter referred to as
the Convention) and to strengthen the protection of persons deprived of their liberty against torture
and other cruel, inhuman or degrading treatment or punishment,
Recalling that articles 2 and 16 of the Convention oblige each State Party to take effective measures to
prevent acts of torture and other cruel, inhuman or degrading treatment or punishment in any territory
under its jurisdiction,
Recognizing 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,
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:
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