Convention and protocol
Article 15
Each State Party shall ensure that any statement which is established to have been made
as a result of torture shall not be invoked as evidence in any proceedings, except against a
person accused of torture as evidence that the statement was made.
Article 16
1. Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of
cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined
in article I, when such acts are committed by or at the instigation of or with the consent or
acquiescence of a public official or other person acting in an official capacity. In particular, the
obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references
to torture of references to other forms of cruel, inhuman or degrading treatment or punishment.
2. The provisions of this Convention are without prejudice to the provisions of any other
international instrument or national law which prohibits cruel, inhuman or degrading treatment
or punishment or which relates to extradition or expulsion.
PART II
Article 17
1. There shall be established a Committee against Torture (hereinafter referred to as the
Committee) which shall carry out the functions hereinafter provided. The Committee shall
consist of ten experts of high moral standing and recognized competence in the field of
human rights, who shall serve in their personal capacity. The experts shall be elected by the
States Parties, consideration being given to equitable geographical distribution and to the
usefulness of the participation of some persons having legal experience.
2. The members of the Committee shall be elected by secret ballot from a list of persons
nominated by States Parties. Each State Party may nominate one person from among its own
nationals. States Parties shall bear in mind the usefulness of nominating persons who are
also members of the Human Rights Committee established under the International Covenant
on Civil and Political Rights and who are willing to serve on the Committee against Torture.
3. Elections of the members of the Committee shall be held at biennial meetings of States
Parties convened by the Secretary-General of the United Nations. At those meetings, for
which two thirds of the States Parties shall constitute a quorum, the persons elected to the
Committee shall be those who obtain the largest number of votes and an absolute majority
of the votes of the representatives of States Parties present and voting.
4. The initial election shall be held no later than six months after the date of the entry into
force of this Convention. At. Ieast four months before the date of each election, the SecretaryGeneral of the United Nations shall address a letter to the States Parties inviting them to
submit their nominations within three months. The Secretary-General shall prepare a list in
alphabetical order of all persons thus nominated, indicating the States Parties which have
nominated them, and shall submit it to the States Parties.
5. The members of the Committee shall be elected for a term of four years. They shall be
eligible for re-election if renominated. However, the term of five of the members elected at
the first election shall expire at the end of two years; immediately after the first election the
names of these five members shall be chosen by lot by the chairman of the meeting referred
to in paragraph 3 of this article.
National Preventive Mechanism in the Republic of Slovenia under the Optional Protocol to
the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
85
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