Annex 2 – Full text of the OPCAT
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 re-elected.
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