Annexes
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.
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 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.
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.
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.
Norway’s National Preventive Mechanism – Annual Report 2014
61
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