Annex 2 – Full text of the OPCAT
Article 32
The provisions of the present Protocol shall not affect the obligations of States
Parties to the four Geneva Conventions of 12 August 1949 and the Additional
Protocols thereto of 8 June 1977, nor the opportunity available to any State
Party to authorize the International Committee of the Red Cross to visit places
of detention in situations not covered by international humanitarian law.
Article 33
1 Any State Party may denounce the present Protocol at any time by written notification addressed to the Secretary-General of the United Nations,
who shall thereafter inform the other States Parties to the present Protocol
and the Convention. Denunciation shall take effect one year after the date
of receipt of the notification by the Secretary-General.
2 Such a denunciation shall not have the effect of releasing the State Party
from its obligations under the present Protocol in regard to any act or situation that may occur prior to the date on which the denunciation becomes
effective, or to the actions that the Subcommittee on Prevention has decided or may decide to take with respect to the State Party concerned, nor
shall denunciation prejudice in any way the continued consideration of
any matter already under consideration by the Subcommittee on Prevention prior to the date on which the denunciation becomes effective.
3 Following the date on which the denunciation of the State Party becomes
effective, the Subcommittee on Prevention shall not commence consideration of any new matter regarding that State.
Article 34
1 Any State Party to the present Protocol may propose an amendment
and file it with the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate the proposed amendment to
the States Parties to the present Protocol with a request that they notify
him whether they favor a conference of States Parties for the purpose
of considering and voting upon the proposal. In the event that within
four months from the date of such communication at least one third of
the States Parties favor such a conference, the Secretary-General shall
convene the conference under the auspices of the United Nations. Any
amendment adopted by a majority of two thirds of the States Parties present and voting at the conference shall be submitted by the Secretary-General of the United Nations to all States Parties for acceptance.
2 An amendment adopted in accordance with paragraph 1 of the present
article shall come into force when it has been accepted by a two-thirds
majority of the States Parties to the present Protocol in accordance with
their respective constitutional processes.
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