GENERAL ASSEMBLY RESOLUTION 57/199 ON THE OPTIONAL PROTOCOL TO THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT OF 18 DECEMBER 2002 (4) In this composition consideration shall also be given to balanced gender representation on the basis of the principles of equality and non-discrimination. (5) No two members of the Subcommittee on Prevention may be nationals of the same State. (6) The members of the Subcommittee on Prevention shall serve in their individual capacity, shall be independent and impartial and shall be available to serve the Subcommittee on Prevention efficiently. Article 6 (1) Each State Party may nominate, in accordance with paragraph 2 of the present article, up to two candidates possessing the qualifications and meeting the requirements set out in article 5, and in doing so shall provide detailed information on the qualifications of the nominees. (2) a) The nominees shall have the nationality of a State Party to the present Protocol; b) At least one of the two candidates shall have the nationality of the nominating State Party; c) No more than two nationals of a State Party shall be nominated; d) Before a State Party nominates a national of another State Party, it shall seek and obtain the consent of that State Party. (3) At least five months before the date of the meeting of the States Parties during which the elections will be held, the Secretary-General of the United Nations shall address a letter to the States Parties inviting them to submit their nominations within three months. The Secretary-General shall submit a list, in alphabetical order, of all persons thus nominated, indicating the States Parties that have nominated them. Article 7 (1) The members of the Subcommittee on Prevention shall be elected in the following manner: a) Primary consideration shall be given to the fulfilment of the requirements and criteria of article 5 of the present Protocol. b) The initial election shall be held no later than six months after the entry into force of the present Protocol. c) The States Parties shall elect the members of the Subcommittee on Prevention by secret ballot. d) Elections of the members of the Subcommittee on Prevention shall be held at biennial meetings of the States Parties convened by the SecretaryGeneral of the United Nations. At those meetings, for which two thirds of the States Parties shall constitute a quorum, 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). 95. Article 10 (1) The Subcommittee on Prevention shall elect its officers for a term of two years. They may be reelected. 104