Texts of acts
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.
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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;
(Articles 6-10)
PART III
Mandate of the Subcommittee on Prevention
Article 11
1. The Subcommittee on Prevention shall:
In order to enable the Subcommittee on Prevention to comply
with its mandate as laid down in article 11, the States Parties
undertake:
(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) 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.
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.
(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.
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.
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