CAT/OP/3/Rev.2
3.
The members of the Subcommittee shall assume their duties upon making the
solemn declaration at the first session of the Subcommittee that he or she attends, in
accordance with rule 14.
4.
Newly elected or appointed members shall make a written declaration, subject to
making the solemn declaration at their first session of the Subcommittee, to enable the
Secretary-General and the Subcommittee to engage and share confidential documentation
with such members.
Rule 13
Casual vacancies
In accordance with article 8 of the Optional Protocol, if for any reason a member of
the Subcommittee is no longer able to perform his or her duties, the Chair shall
1.
immediately notify the Secretary-General, who shall declare the seat vacant from the date
of the notification and shall inform the State party that nominated the member.
2.
The State party shall nominate, within two months from the date the seat is declared
vacant, another eligible candidate, subject to the approval of the majority of States parties.
The approval shall be considered given unless half or more of the States parties respond
negatively within six weeks of having been informed of the proposed nominee.
3.
If a member of the Subcommittee is consistently unable to carry out his or her duties
for any reason other than absence of a temporary nature, he or she shall resign. Written
notification of the resignation shall be submitted to the Subcommittee and the SecretaryGeneral. The Secretary-General shall declare the seat vacant and inform the State party that
nominated the member, so that action may be taken in accordance with article 8 of the
Optional Protocol.
4.
The Secretary-General shall inform the States parties of the name of the member
filling the casual vacancy as soon as possible after approval.
5.
In cases in which approval of a replacement under paragraphs 1 and 3 of the present
rule is denied, the State party that nominated the member shall be invited to nominate
another eligible candidate.
Rule 14
Solemn declaration
Before assuming his or her duties after his or her first election or nomination, each
member of the Subcommittee shall make the following solemn declaration at the first
meeting that he or she attends following election or nomination:
“I solemnly declare that I will perform my duties and exercise my powers as a
member of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment impartially, independently, conscientiously and
efficiently, fully respecting the ‘do no harm’ principle and the obligation of
confidentiality, both during and after my period of membership, and acting in
accordance with the mandate of the Optional Protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.”
Rule 15
Independence and impartiality of members
1.
The members of the Subcommittee shall serve in their personal capacity and shall
act not only in accordance with the terms of their solemn declaration, but also transparently,
so as to be seen to be so by a reasonable observer. To that end, the members of the
Subcommittee shall conduct themselves in accordance with the guidelines on the
independence and impartiality of members of the human rights treaty bodies (the Addis
Ababa guidelines). In particular:
(a) No member of the Subcommittee shall participate in activities that may imply,
or may be seen to imply, a conflict of interest with his or her capacity as an independent
and impartial member of the Subcommittee;
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