89
III – 2 Optional Protocol to the Convention against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment
Adopted on 18 December 2002 at the fifty-seventh session of the General Assembly of the
United Nations by resolution A/RES/57/199
entered into force on 22 June 2006
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:
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.
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