90
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
organization for having communicated to the Subcommittee on Prevention or to its delegates any
information, whether true or false, and no such person or organization 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 decentralized 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.
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