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.
Article 3
Each State Party shall set up, designate or maintain at the domestic level one or several visiting bodies for
the prevention of torture and other cruel, inhuman or degrading treatment or punishment (hereinafter
referred to as the national preventive mechanism).
Article 4
1. Each State Party shall allow visits, in accordance with the present Protocol, by the mechanisms
referred to in articles 2 and 3 to any place under its jurisdiction and control where persons are or may
be deprived of their liberty, either by virtue of an order given by a public authority or at its instigation or
with its consent or acquiescence (hereinafter referred to as places of detention). These visits shall be
undertaken with a view to strengthening, if necessary, the protection of these persons against torture
and other cruel, inhuman or degrading treatment or punishment.
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IMPLEMENTATION OF THE DUTIES AND POWERS OF THE NPM IN 2017
NATIONAL PREVENTIVE MECHANISM UNDER THE OPTIONAL PROTOCOL TO THE UN CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
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