A/RES/57/199
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.
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