Act ratifying the optional protocol to the convention against torture and other cruel, inhuman or degrading treatment or punishment
PART I
General principles
Article 1
The objective of the present Protocol is to establish a system of regular visits undertaken by independent
international and national bodies to places where people are deprived of their liberty, in order to prevent
torture and other cruel, inhuman or degrading treatment or punishment.
Article 2
1. A Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
of the Committee against Torture (hereinafter referred to as the Subcommittee on Prevention) shall be
established and shall carry out the functions laid down in the present Protocol.
2. The Subcommittee on Prevention shall carry out its work within the framework of the Charter of the
United Nations and shall be guided by the purposes and principles thereof, as well as the norms of
the United Nations concerning the treatment of people deprived of their liberty.
3.
Equally, the Subcommittee on Prevention shall be guided by the principles of confidentiality,
impartiality, non-selectivity, universality and objectivity.
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.
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
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