Appendix:
2. After consultations, the Subcommittee on Prevention shall notify the States Parties of its programme
in order that they may, without delay, make the necessary practical arrangements for the visits to be
conducted.
3. The visits shall be conducted by at least two members of the Subcommittee on Prevention. These
members may be accompanied, if needed, by experts of demonstrated professional experience and
knowledge in the fields covered by the present Protocol who shall be selected from a roster of experts
prepared on the basis of proposals made by the States Parties, the Office of the United Nations High
Commissioner for Human Rights and the United Nations Centre for International Crime Prevention. In
preparing the roster, the States Parties concerned shall propose no more than five national experts.
The State Party concerned may oppose the inclusion of a specific expert in the visit, whereupon the
Subcommittee on Prevention shall propose another expert.
4. If the Subcommittee on Prevention considers it appropriate, it may propose a short follow-up visit
after a regular visit.
Article 14
1. In order to enable the Subcommittee on Prevention to fulfil its mandate, the States Parties to the
present Protocol undertake to grant it:
(a) Unrestricted 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) Unrestricted access to all information referring to the treatment of those persons as well as their
conditions of detention;
(c) Subject to paragraph 2 below, unrestricted 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 Subcommittee on Prevention believes may supply relevant information;
(e) The liberty to choose the places it wants to visit and the persons it wants to interview.
2. Objection to a visit to a particular place of detention may be made only on urgent and compelling
grounds of national defence, public safety, natural disaster or serious disorder in the place to be
visited that temporarily prevent the carrying out of such a visit. The existence of a declared state of
emergency as such shall not be invoked by a State Party as a reason to object to a visit.
Article 15
No authority or official shall order, apply, permit or tolerate any sanction against any person or
organization for having communicated to the Subcommittee on Prevention or to its delegates any
information, whether true or false, and no such person or organization shall be otherwise prejudiced in
any way.
Article 16
1.
The Subcommittee on Prevention shall communicate its recommendations and observations
confidentially to the State Party and, if relevant, to the national preventive mechanism.
2. The Subcommittee on Prevention shall publish its report, together with any comments of the State
Party concerned, whenever requested to do so by that State Party. If the State Party makes part of the
report public, the Subcommittee on Prevention may publish the report in whole or in part. However,
no personal data shall be published without the express consent of the person concerned.
3. The Subcommittee on Prevention shall present a public annual report on its activities to the Committee
against Torture.
4. If the State Party refuses to cooperate with the Subcommittee on Prevention according to articles 12 and
14, or to take steps to improve the situation in the light of the recommendations of the Subcommittee
on Prevention, the Committee against Torture may, at the request of the Subcommittee on Prevention,
decide, by a majority of its members, after the State Party has had an opportunity to make its views
known, to make a public statement on the matter or to publish the report of the Subcommittee on
Prevention.
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IMPLEMENTATION OF THE DUTIES AND POWERS OF THE NPM IN 2018
NATIONAL PREVENTIVE MECHANISM UNDER THE OPTIONAL PROTOCOL TO THE UN CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
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