Annexes
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;
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.
PART V
Declaration
Article 24
1. Upon ratification, States Parties may make a
declaration postponing the implementation of their
obligations under either part III or part IV of the
present Protocol.
2. This postponement shall be valid for a maximum of
three years. After due representations made by the
State Party and after consultation with the Subcom
mittee on Prevention, the Committee against Torture
may extend that period for an additional two years.
(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.
PART VI
Financial provisions
Article 25
1. The expenditure incurred by the Subcommittee on
Prevention in the implementation of the present
Protocol shall be borne by the United Nations.
2. The Secretary-General of the United Nations
shall provide the necessary staff and facilities for
the effective performance of the functions of the
Subcommittee on Prevention under the present
Protocol.
Article 26
1. A Special Fund shall be set up in accordance with
the relevant procedures of the General Assembly,
to be administered in accordance with the financial
regulations and rules of the United Nations, to help
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