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Annexes
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.
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
Norway’s National Preventive Mechanism – Annual Report 2014
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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