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CHARTERS & TREATIES

Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Adopted on 18 December 2002 at the fifty-seventh session of the United Nations General Assembly by resolution A / RES / 57/199
Entry into force: 22 June 2006

Preamble

The States Parties to this Protocol,

Reaffirming that torture and other forms of cruel, inhuman or degrading treatment or punishment are prohibited and constitute a flagrant violation of human rights,

Convinced of the need to take additional measures to achieve the objectives of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter referred to as the Convention) and of the need to strengthen the protection of persons deprived of their freedom from torture and other cruel, inhuman or treatment or punishment Degrading,

Recalling that articles 2 and 16 of the Convention oblige each State party to take effective measures to prevent acts of torture and other cruel, inhuman or degrading treatment or punishment in any territory under its jurisdiction,

Recognizing that States have a primary responsibility to implement these two articles, and that strengthening the protection of persons deprived of their liberty and full respect for their human rights is a common responsibility shared by all and that international implementing bodies complement and strengthen national measures,

Recalling that the effective prevention of torture and other cruel, inhuman or degrading treatment or punishment requires education and the adoption of a host of diverse legislative, administrative, judicial and other measures,

Recalling also that the World Conference on Human Rights declared firmly that efforts to eradicate torture should focus first and foremost on prevention, and called for the adoption of an optional protocol to the Convention, the purpose of which was to establish a preventive system based on regular visits to places of detention,

Convinced that the protection of persons deprived of their freedom from torture and other cruel, inhuman or degrading treatment or punishment can be strengthened by non-judicial means of a preventive nature based on regular visits to places of detention,

Have agreed as follows:

part One

General principles

Article 1

The aim of this protocol is to establish a system of regular visits by independent international and national bodies to places where persons are deprived of their liberty, with the aim of preventing torture and other cruel, inhuman or degrading treatment or punishment.

Article 2

1. A Sub-Committee for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter referred to as the Subcommittee on Prevention of Torture) shall be established and to perform the functions stipulated in this Protocol.

2. The Subcommittee on Prevention of Torture performs its work within the framework of the United Nations Charter and is guided by its purposes and principles as well as by standards established by the United Nations for the treatment of persons deprived of their liberty.

3. The Subcommittee on Prevention of Torture is also guided by the principles of confidentiality, impartiality, non-selectivity, inclusiveness and objectivity.

4. The Subcommittee on Prevention of Torture and the States Parties shall cooperate in implementing this protocol.

Article 3

Each State Party shall establish, designate, or maintain one or more visiting bodies at the domestic level 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, in accordance with this Protocol, permit the mechanisms referred to in Articles 2 and 3 to visit any place subject to its jurisdiction and control and in which there are persons deprived or who may be deprived of their liberty, either by order issued by a public authority or on its instructions or With her consent or silence (hereinafter referred to as places of detention). These visits are undertaken with the aim of strengthening, when necessary, the protection of these persons from torture and other cruel, inhuman or degrading treatment or punishment.

2. Deprivation of liberty, for the purposes of this Protocol, means any form of detention, imprisonment, or detention of a person in a public or private place of detention in which this person is not allowed to leave as he pleases, by order of any judicial, administrative or other authority.

part two

The Subcommittee on Prevention of Torture

Article 5

1. The Subcommittee on Prevention of Torture consists of ten members. After the fiftieth member ratifies or accedes to this protocol, the number of members of the Subcommittee on Prevention of Torture will be increased to 25.

2. The members of the Subcommittee on Prevention of Torture shall be selected from among the personalities of high moral character and proven professional experience in the field of administration of justice, especially in criminal law, prison administration or the police, or in various fields related to the treatment of persons deprived of their freedom.

3. In forming the Subcommittee on Prevention of Torture, due consideration shall be given to equitable geographical distribution, representation of the various forms of civilization and the legal systems of States Parties.

4. In this formation process, consideration is also given to the balanced representation of both sexes based on the principles of equality and non-discrimination.

5. Two members of the Subcommittee on Prevention of Torture may not be citizens of one country.

6. Subcommittee members act in their individual capacity, are independent and impartial, and are ready to serve the subcommittee effectively.

Article 6

1. Each State Party may nominate, in accordance with paragraph 2 of this Article, up to two candidates who possess the qualifications and fulfill the conditions stipulated in Article 5, and in the context of this nomination, it shall provide detailed information on the qualifications of the candidates.

2.

(A) The two candidates hold the nationality of one of the States Parties to this Protocol;

(B) At least one of the candidates holds the nationality of the State Party that nominates him;

(C) No more than two citizens of one State Party shall be nominated;

(D) Before a state party nominates a citizen of another state party, it requests and obtains written consent from that state.

3. At least five months before the date of the meeting of the States Parties, during which the elections will be held, the Secretary-General of the United Nations sends a letter to the States Parties inviting them to submit their nominations within three months. The Secretary-General shall provide an alphabetical list of all persons thus nominated, indicating the States Parties that nominated them.

Article 7

1. The members of the Subcommittee on Prevention of Torture are elected as follows:

(A) The primary consideration shall be given to fulfilling the conditions and criteria contained in Article 5 of this Protocol;

(B) The first election shall take place not later than six months after the date of entry into force of this Protocol;

(C) The members of the Subcommittee on Prevention of Torture are elected by States Parties by secret ballot;

(D) Elections for members of the Subcommittee on Prevention of Torture are held at meetings of States Parties held every two years at the invitation of the Secretary-General of the United Nations. In those meetings in which two-thirds of the states parties constitute a quorum, the persons elected to the Subcommittee on Prevention of Torture are the ones who obtain the largest number of votes and an absolute majority of the votes of the representatives of the states parties present and voting.

2. If, during the electoral process, two citizens of a state party become eligible to serve in the Subcommittee on Prevention of Torture, the candidate who receives the largest number of votes shall be the member of the Subcommittee on Prevention of Torture. If citizens receive the same number of votes, the following procedure is followed:

(A) If the State party nominates only one of its citizens, that citizen will be a member of the Subcommittee on Prevention of Torture;

(B) If the State party nominates both citizens of its nationality, an independent vote shall be taken by secret ballot to determine which shall become a member;

(C) If the State Party does not nominate any of its citizens, an independent vote by secret ballot shall be held to determine which shall become a member.

Article 8

In the event of the death or resignation of a member of the Subcommittee on Prevention of Torture, or if the member is no longer able for any reason to perform his duties, the State Party that nominated the member shall nominate another valid person who has the qualifications and meets the conditions stipulated in Article 5, for the service until the next meeting of the states The Parties, bearing in mind the need to achieve an appropriate balance between the various fields of competence, subject to the approval of the majority of the States Parties. Consent is granted unless half or more of the States Parties issue a negative response within six weeks of the Secretary-General of the United Nations notifying them of the proposed appointment.

Article 9

Members of the Subcommittee on Prevention of Torture are elected for a four-year term. They may be re-elected once if re-nominated. The term of office of half of the members elected in the first election expires at the expiration of two years; Immediately following the first election, the names of these members shall be chosen by lot by the chairman of the meeting referred to in paragraph 1 (d) of Article 7.

Article 10

1. The Subcommittee on Prevention of Torture elects its bureau for a two-year term. They may be re-elected.

2. The Subcommittee on Prevention of Torture establishes its rules of procedure, which provide, inter alia, for the following:

(A) A quorum consists of half the number of members plus one member;

(B) The decisions of the Subcommittee on Prevention of Torture shall be taken by a majority vote of the members present;

(C) The sessions of the Subcommittee on Prevention of Torture are confidential.

3. The Secretary-General of the United Nations calls for the first meeting of the Subcommittee on Prevention of Torture, and after its first meeting, the Subcommittee meets at the times required by its rules of procedure. The Subcommittee and the Committee against Torture hold their sessions simultaneously at least once a year.

the third part

The mandate of the Subcommittee on Prevention of Torture

Article 11

1. The Subcommittee on Prevention of Torture:

(A) Visiting the places referred to in Article 4 and making recommendations to States Parties regarding the protection of persons deprived of their liberty from torture and other cruel, inhuman or degrading treatment or punishment;

(B) With regard to the national preventive mechanisms, they shall:

(i) To provide advice and assistance to States Parties, when necessary, for the purpose of establishing these mechanisms;

(ii) Maintaining direct, and where necessary confidential, contact with the national preventive mechanisms and providing them with training and technical assistance with a view to strengthening their capabilities;

(iii) To provide advice and assistance to national mechanisms in assessing the needs and necessary means in order to enhance the protection of persons deprived of their liberty from torture and other cruel, inhuman or degrading treatment or punishment;

(iv) Make recommendations and observations to State Parties with a view to strengthening the capacities and mandate of the national preventive mechanisms to prevent torture and other cruel, inhuman or degrading treatment or punishment;

(C) To cooperate, for the purpose of preventing torture in general, with relevant United Nations bodies and mechanisms, as well as with international, regional and national institutions or organizations working to enhance the protection of all persons from torture and other cruel, inhuman or degrading treatment or punishment.

Article 12

To enable the Subcommittee on Prevention of Torture to fulfill its mandate as set forth in Article 11, States Parties undertake to:

(A) Receive the Subcommittee on Prevention of Torture in its territory and facilitate its access to places of detention as defined in Article 4 of this Protocol;

(B) Provide the Subcommittee on Prevention of Torture with all relevant information that it may request to assess the needs and measures to be taken with a view to strengthening the protection of persons deprived of their liberty from torture and other cruel, inhuman or degrading treatment or punishment;

(C) Encourage and facilitate communications between the Subcommittee on Prevention of Torture and the national preventive mechanisms;

(D) Examine the recommendations made by the Subcommittee on Prevention of Torture and enter into dialogue with it about possible implementation measures.

Article 13

1. The Subcommittee on Prevention of Torture shall establish, first by lot, a program of regular visits to States Parties in order to carry out their mandates as defined in Article 11.

2. The Subcommittee on Prevention of Torture shall, after consultation, notify the States Parties of its program, so that these countries can make, without delay, the practical arrangements necessary to make the visits.

3. The visits are made by at least two members of the Subcommittee on Prevention of Torture. These two members may be accompanied, if necessary, by experts with proven expertise and know-how in the fields covered by this Protocol and selected from a list of experts to be prepared on the basis of proposals submitted by the States Parties, the Office of the United Nations High Commissioner for Human Rights and the United Nations Center for International Crime Prevention. For the purpose of preparing the list, the States Parties concerned shall propose a number of national experts not exceeding five. The State Party may object to the inclusion of a specific expert in the visit, and the Sub-Committee shall suggest another expert.

4. The Subcommittee on Prevention of Torture may suggest, if it deems it appropriate, a short follow-up visit to be followed by a regular visit.

Article 14

1. To enable the Subcommittee on Prevention of Torture to fulfill its mandate, the States Parties to this Protocol undertake to grant it the following:

(A) Unrestricted access to all information regarding the number of persons deprived of their liberty of their places of detention, as set forth in article 4, as well as the number and locations of places;

(B) Unrestricted access to all information regarding the treatment of these persons and their conditions of detention;

(C) Unrestricted access, subject to paragraph 2 below, to all places of detention and their installations and facilities;

(D) The opportunity to conduct private interviews with persons deprived of their liberty without the presence of witnesses, either in person or in the presence of a translator if necessary, as well as with any person whom the Subcommittee on Prevention of Torture deems to be able to provide relevant information;

(E) The freedom to choose the places you want to visit and the people you want to meet.

2. Objection to a visit to a particular place of detention may only be invoked for urgent and compelling reasons related to national defense, public safety, natural disasters, or serious disturbances in the place to be visited, which temporarily precludes carrying out such a visit. A declared state of emergency cannot be invoked by a State party as a justification for objecting to the visit.

Article 15

No authority or official shall order, impose, permit or condone any person or organization any punishment due to this person or organization reporting to the Subcommittee on Prevention of Torture or its members any information, true or false, and this should not be prejudiced. The person or this organization in any other way, whatsoever.

Article 16

1. The Subcommittee on Prevention of Torture shall communicate its recommendations and observations confidentially to the State Party and to any national preventive mechanism, if it is related to the matter.

2. The Subcommittee on Prevention of Torture publishes its report, together with any comments issued by the State Party concerned, whenever this State Party requests it to do so. If the State party discloses a part of the report, the Sub-Committee may publish the report in its entirety or part of it. However, it does not publish personal data without the express consent of the person concerned.

3. The Subcommittee on Prevention of Torture submits an annual public report on its activities to the Committee against Torture.

4. If the State Party refuses to cooperate with the Subcommittee on Prevention of Torture, in accordance with Articles 12 and 14, or from taking steps to improve the situation in light of the recommendations of the Subcommittee on Prevention of Torture, the Committee against Torture may, upon the request of the Subcommittee on Prevention, decide by majority The votes of its members, and after providing the State party with an opportunity to express its views, issue a public statement on the matter or publish the report of the Subcommittee on Prevention of Torture.

part Four

National preventive mechanisms

Article 17

Each State Party shall maintain, designate or establish, within a period not exceeding one year after the entry into force, ratification or accession of this Protocol, one or more independent national preventive mechanisms to prevent torture at the domestic level. The mechanisms established by decentralized units can be designated as national preventive mechanisms for the purposes of this Protocol if their activity is in accordance with the provisions stipulated in it.

Article 18

1. States Parties shall guarantee the functional independence of their national preventive mechanisms, as well as the independence of their personnel.

2. States Parties shall take the necessary measures to ensure that the experts of the national preventive mechanism have the necessary capabilities and professional know-how. These countries strive to find a balance between the sexes and adequate representation of ethnic and minority groups in the country.

3. States Parties undertake to provide the necessary resources for the national preventive mechanisms to perform their tasks.

4. When establishing national preventive mechanisms, States Parties shall give due consideration to the principles relating to the status of national institutions for the promotion and protection of human rights.

Article 19

The national preventive mechanisms shall be granted, at a minimum, the following powers:

(A) Study, on a regular basis, the treatment of persons deprived of their liberty in places of detention as specified in article 4, with a view to strengthening, if necessary, their protection from torture and other cruel, inhuman or degrading treatment or punishment;

(B) To make recommendations to the relevant authorities with a view to improving the treatment and conditions of persons deprived of their liberty and to prevent torture and other cruel, inhuman or degrading treatment or punishment, taking into account the relevant standards established by the United Nations;

(C) Submitting proposals and observations relating to existing legislation or draft laws.

Article 20

To enable the national preventive mechanisms to fulfill their mandate, the States Parties to this Protocol undertake to grant them the following:

(A) To obtain all information on the number of persons deprived of their liberty in places of detention as defined in article 4, as well as the number and location of such places;

(B) To obtain all information indicating the treatment of these persons as well as the conditions of their detention;

(C) Access to all places of detention and their facilities and facilities;

(D) The opportunity to conduct private interviews with persons deprived of their liberty without the presence of witnesses and to meet them either personally or through an interpreter if necessary, as well as with any other person whom the NPM believes could provide relevant information;

(E) The freedom to choose the places you want to visit and the people you want to interview;

(F) The right to contact the Subcommittee on Prevention of Torture, provide it with information, and meet with it.

Article 21

1. No authority or official shall order, apply, permit, or condone any person or organization any punishment due to this person or organization reporting to the NPM any information, true or false, and this should not be prejudiced. The person or this organization in any other way whatsoever.

2. Confidential information collected by the national preventive mechanism is inviolable. Do not publish any personal data without the express consent of the person concerned with that data.

Article 22

The competent authorities of the State Party concerned shall examine the recommendations issued by the national preventive mechanism and enter into dialogue with it on possible implementation measures.

Article 23

The States Parties to this Protocol undertake to publish and distribute the annual reports issued by the national preventive mechanisms.

Part V

Advertising

Article 24

1. States Parties, after the ratification process, may issue a declaration postponing the implementation of their obligations, whether under Part III or Part IV of this Protocol.

2. This postponement is valid for a maximum period of three years. Following the State party's submission of the necessary arguments and after consulting with the Subcommittee on Prevention of Torture, the Committee against Torture may extend this period for another two years.

Part VI

Financial provisions

Article 25

1. The United Nations shall bear the expenses incurred by the Subcommittee on Prevention of Torture in implementing this protocol.

2. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the Subcommittee on Prevention of Torture to perform its duties in an efficient manner under this Protocol.

Article 26

1. A special fund shall be established in accordance with the relevant procedures followed in the General Assembly, and administered in accordance with the financial regulations and rules of the United Nations, to assist in financing the implementation of the recommendations that the Subcommittee on Prevention of Torture submits to a state party after its visit to it, as well as the educational programs of the national preventive mechanisms.

2. The Special Fund may be financed by voluntary contributions from governments, intergovernmental organizations, non-governmental organizations and other public and private entities.

Part Seven

Final provisions

Article 27

1. This protocol is open for signature by any country that has signed the convention.

2. This Protocol is subject to ratification by any country that has ratified or acceded to the Convention. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

3. This Protocol is open for accession to any country that has ratified or acceded to the Convention.

4. Accession shall enter into force with the deposit of the instrument of accession with the Secretary-General of the United Nations.

5. The Secretary-General of the United Nations shall notify all the states that sign or accede to this Protocol of the deposit of each instrument of ratification or accession.

Article 28

1. This Protocol shall enter into force on the thirtieth day after the deposit of the twentieth instrument of ratification or accession with the Secretary-General of the United Nations.

2. With regard to every state that ratifies or accedes to this Protocol after depositing the twentieth instrument of ratification or accession with the Secretary-General of the United Nations, this Protocol shall enter into force on the thirtieth day from the date of depositing its instrument of ratification or accession.

Article 29

The provisions of this Protocol shall apply to federal states in all their parts without any restrictions or exceptions.

Article 30

No reservations are made to this protocol.

Article 31

The provisions of this Protocol shall not prejudice the obligations of States Parties under any regional agreement establishing a system for visits to places of detention. The Subcommittee on Prevention of Torture and the bodies established under those regional conventions are encouraged to consult and cooperate in order to avoid duplication and to effectively promote the objectives of this protocol.

Article 32

The provisions of this Protocol shall not affect the obligations of States Parties to the four Geneva Conventions of 12 August 1949 and their Additional Protocols of June 8, 1997, and do not affect the possibility for any State Party to authorize the International Committee of the Red Cross to visit places of detention in cases not covered by international humanitarian law.

Article 33

1. Any state party may denounce this Protocol at any time by virtue of a written notification addressed to the Secretary-General of the United Nations who subsequently informs the other states party to this Protocol and the Convention about this. The denunciation shall take effect one year after the date on which the Secretary-General received the notification.

2. This denunciation does not entail the exemption of the State Party from its obligations under this Protocol towards any act or situation that may occur before the date on which the cassation enters into force, or towards the measures that the Subcommittee on Prevention of Torture has decided or may decide to take in relation to the State Party concerned. In any way, this veto shall continue to consider any matter that the Subcommittee on Prevention of Torture had begun to consider prior to the effective date of this veto.

3. After the entry into force of the State party's cassation, the Subcommittee on Prevention of Torture does not begin to consider any new matter related to that state.

Article 34

1. Any state party may propose an amendment and submit it to the Secretary-General of the United Nations. The Secretary-General shall transmit to the States Parties to this Protocol the proposed amendment upon receiving it, accompanied by a request to them to inform him if they favor a conference of the States Parties for the purpose of considering the proposal and voting on it. If, within four months of receiving the referral from the Secretary-General, at least one third of those States Parties express their preference to hold such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by the Conference by a two-thirds majority of the States Parties present and voting shall be submitted by the Secretary-General to all States Parties for acceptance.

2. Any amendment adopted in accordance with paragraph 1 of this Article, after its acceptance by a majority of two-thirds of the States Parties to this Protocol, shall enter into force in accordance with the constitutional process of each State Party.

3. Upon their entry into force, the amendments shall be binding on the States Parties that have accepted them. Other States Parties shall remain bound by the provisions of this Protocol and any amendments that they have previously accepted.

Article 35

Members of the Subcommittee on Prevention of Torture and the national preventive mechanisms are granted the privileges and immunities that are necessary for their independent exercise of their functions. Members of the Subcommittee on Prevention of Torture are granted the privileges and immunities stipulated in Article 22 of the Convention on the Privileges and Immunities of the United Nations of February 13, 1946, subject to the provisions of Article 23 of that Convention.

Article 36

All members of the Subcommittee on Prevention of Torture, while on a visit to a State Party, without prejudice to the provisions and purposes of this Protocol and the privileges and immunities they enjoy:

(A) Respect the laws and regulations of the forged state;

(B) To refrain from any act or activity that conflicts with the impartial and international character of their duties.

Article 37

1. This Protocol, of which the Spanish, English, Russian, Chinese, Arabic and French texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

2. The Secretary-General of the United Nations shall send certified copies of this Protocol to all states.

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