Version as at
1 July 2023
Crimes of Torture Act 1989
Schedule 2
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.
2.
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 deten‐
tion 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 Subcommit‐
tee 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.
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.
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