(c) The States Parties shall elect the members of the Subcommittee on Prevention by secret ballot;
(d) Elections of the members of the Subcommittee on Prevention shall be held at biennial meetings
of the 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
Subcommittee on Prevention shall be those who obtain the largest number of votes and an absolute
majority of the votes of the representatives of the States Parties present and voting.
2. If during the election process two nationals of a State Party have become eligible to serve as members
of the Subcommittee on Prevention, the candidate receiving the higher number of votes shall serve as
the member of the Subcommittee on Prevention. Where nationals have received the same number of
votes, the following procedure applies:
(a) Where only one has been nominated by the State Party of which he or she is a national, that national
shall serve as the member of the Subcommittee on Prevention;
(b) Where both candidates have been nominated by the State Party of which they are nationals, a
separate vote by secret ballot shall be held to determine which national shall become the member;
(c) Where neither candidate has been nominated by the State Party of which he or she is a national, a
separate vote by secret ballot shall be held to determine which candidate shall be the member.
Article 8
If a member of the Subcommittee on Prevention dies or resigns, or for any cause can no longer perform
his or her duties, the State Party that nominated the member shall nominate another eligible person
possessing the qualifications and meeting the requirements set out in article 5, taking into account the
need for a proper balance among the various fields of competence, to serve until the next meeting of
the States Parties, subject to the approval of the majority of the States Parties. The approval shall be
considered given unless half or more of the States Parties respond negatively within six weeks after
having been informed by the Secretary-General of the United Nations of the proposed appointment.
Article 9
The members of the Subcommittee on Prevention shall be elected for a term of four years. They shall be
eligible for re-election once if renominated. The term of half the members elected at the first election
shall expire at the end of two years; immediately after the first election the names of those members
shall be chosen by lot by the Chairman of the meeting referred to in article 7, paragraph 1 (d).
Article 10
1. The Subcommittee on Prevention shall elect its officers for a term of two years. They may be reelected.
2. The Subcommittee on Prevention shall establish its own rules of procedure. These rules shall provide,
inter alia, that:
(a) Half the members plus one shall constitute a quorum;
(b) Decisions of the Subcommittee on Prevention shall be made by a majority vote of the members
present;
(c) The Subcommittee on Prevention shall meet in camera.
3. The Secretary-General of the United Nations shall convene the initial meeting of the Subcommittee
on Prevention. After its initial meeting, the Subcommittee on Prevention shall meet at such times as
shall be provided by its rules of procedure. The Subcommittee on Prevention and the Committee against
Torture shall hold their sessions simultaneously at least once a year.
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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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