A/RES/57/199
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.
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.
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