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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.
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 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.
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.
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