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Texts of acts
Article 19
The national preventive mechanisms shall be granted at a
minimum the power:
(a) To regularly examine the treatment of the persons deprived
of their liberty in places of detention as defined in article 4, with
a view to strengthening, if necessary, their protection against
torture and other cruel, inhuman or degrading treatment or
punishment;
(b) To make recommendations to the relevant authorities with
the aim of improving the treatment and the conditions of the
persons deprived of their liberty and to prevent torture and other
cruel, inhuman or degrading treatment or punishment, taking
into consideration the relevant norms of the United Nations;
(c) To submit proposals and observations concerning existing
or draft legislation.
Article 20
In order to enable the national preventive mechanisms to
fulfil their mandate, the States Parties to the present Protocol
undertake to grant them:
(a) Access to all information concerning the number of persons
deprived of their liberty in places of detention as defined in article
4, as well as the number of places and their location;
(b) Access to all information referring to the treatment of those
persons as well as their conditions of detention;
(c) Access to all places of detention and their installations and
facilities;
(d) The opportunity to have private interviews with the persons
deprived of their liberty without witnesses, either personally or
with a translator if deemed necessary, as well as with any other
person who the national preventive mechanism believes may
supply relevant information;
(e) The liberty to choose the places they want to visit and the
persons they want to interview;
(f) The right to have contacts with the Subcommittee on
Prevention, to send it information and to meet with it.
Article 21
1. No authority or official shall order, apply, permit or tolerate any
sanction against any person or organization for having communicated to the national preventive mechanism any information,
whether true or false, and no such person or organization shall
be otherwise prejudiced in any way.
2. Confidential information collected by the national preventive
mechanism shall be privileged. No personal data shall be
published without the express consent of the person concerned.
Article 22
The competent authorities of the State Party concerned shall
examine the recommendations of the national preventive
mechanism and enter into a dialogue with it on possible
implementation measures.
Article 23
The States Parties to the present Protocol undertake to publish
and disseminate the annual reports of the national preventive
mechanisms.
(Articles 24-34)
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 of the
United Nations of 13 February 1946, subject to the provisions
of section 23 of that Convention.
(Articles 36-37)
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