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) Accession shall be effected by the deposit of an
instrument of accession with the Secretary- General
of the United Nations.
(5) The Secretary-General of the United Nations shall
inform all States that have signed the present Protocol
or acceded to it of the deposit of each instrument of
ratification or accession.
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.
(2) Such a denunciation shall not have the effect of
releasing the State 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 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 June1977, nor the opportunity
available to any State Party to authorise the
International Committee of the Red Cross to visit
places of detention in situations not covered by
international humanitarian law.
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 SecretaryGeneral 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 SecretaryGeneral 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.
(3) When amendments come into force, they shall be
binding on those States Parties that have accepted
them, other States Parties still being bound by the
provisions of the present Protocol and any earlier
amendment that they have accepted.
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.
Article 35
Members of the Subcommittee on Prevention and of
the national preventive mechanisms shall be accorded
such privileges and immunities as are necessary for the
independent exercise of their functions. Members of
the Subcommittee on Prevention shall be accorded
the privileges and immunities specified in section 22
of the Convention on the Privileges and Immunities
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.
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