2. For the purposes of the present Protocol, deprivation of liberty means any
form of detention or imprisonment or the placement of a person in a public or
private custodial setting which that person is not permitted to leave at will by
order of any judicial, administrative or other authority.
PART II
Subcommittee on Prevention
Article 5
1. The Subcommittee on Prevention shall consist of ten members. After the
fiftieth ratification of or accession to the present Protocol, the number of the
members of the Subcommittee on Prevention shall increase to twenty-five.
2. The members of the Subcommittee on Prevention shall be chosen from
among persons of high moral character, having proven professional experience in
the field of the administration of justice, in particular criminal law, prison or
police administration, or in the various fields relevant to the treatment of persons
deprived of their liberty.
3. In the composition of the Subcommittee on Prevention due consideration
shall be given to equitable geographic distribution and to the representation of
different forms of civilization and legal systems of the States Parties.
4. In this composition consideration shall also be given to balanced gender
representation on the basis of the principles of equality and non-discrimination.
5. No two members of the Subcommittee on Prevention may be nationals of
the same State.
6. The members of the Subcommittee on Prevention shall serve in their
individual capacity, shall be independent and impartial and shall be available to
serve the Subcommittee on Prevention efficiently.
Article 6
1. Each State Party may nominate, in accordance with paragraph 2 of the
present article, up to two candidates possessing the qualifications and meeting the
requirements set out in article 5, and in doing so shall provide detailed
information on the qualifications of the nominees.
2.
(a) The nominees shall have the nationality of a State Party to the present
Protocol;
(b) At least one of the two candidates shall have the nationality of the
nominating State Party;
(c) No more than two nationals of a State Party shall be nominated;
(d) Before a State Party nominates a national of another State Party, it shall
seek and obtain the consent of that State Party.
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