Annex 2 – Full text of the OPCAT
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.
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.
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