Act ratifying the optional protocol to the convention against torture and other cruel, inhuman or degrading treatment or punishment
Article 28
1. The present Protocol shall enter into force on the thirtieth day after the date of deposit with the
Secretary-General of the United Nations of the twentieth instrument of ratification or accession.
2. For each State ratifying the present Protocol or acceding to it after the deposit with the SecretaryGeneral of the United Nations of the twentieth instrument of ratification or accession, the present
Protocol shall enter into force on the thirtieth day after the date of deposit of its own instrument of
ratification or accession.
Article 29
The provisions of the present Protocol shall extend to all parts of federal States without any limitations
or exceptions.
Article 30
No reservations shall be made to the present Protocol.
Article 31
The provisions of the present Protocol shall not affect the obligations of States Parties under any
regional convention instituting a system of visits to places of detention. The Subcommittee on
Prevention and the bodies established under such regional conventions are encouraged to consult
and cooperate with a view to avoiding duplication and promoting effectively the objectives of the
present Protocol.
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 St ate 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 SecretaryGeneral 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 favour 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 favour 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.
IMPLEMENTATION OF THE DUTIES AND POWERS OF THE NPM IN 2018
NATIONAL PREVENTIVE MECHANISM UNDER THE OPTIONAL PROTOCOL TO THE UN CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
65
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents