Schedule 2
Crimes of Torture Act 1989
Version as at
1 July 2023
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 Preven‐
tion, 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.
Part IV
National preventive mechanisms
Article 17
Each State Party shall maintain, designate or establish, at the latest one year after
the entry into force of the present Protocol or of its ratification or accession, one or
several independent national preventive mechanisms for the prevention of torture at
the domestic level. Mechanisms established by decentralized units may be designated
as national preventive mechanisms for the purposes of the present Protocol if they are
in conformity with its provisions.
Article 18
1.
The States Parties shall guarantee the functional independence of the national
preventive mechanisms as well as the independence of their personnel.
2.
The States Parties shall take the necessary measures to ensure that the experts
of the national preventive mechanism have the required capabilities and profes‐
sional knowledge. They shall strive for a gender balance and the adequate
representation of ethnic and minority groups in the country.
3.
The States Parties undertake to make available the necessary resources for the
functioning of the national preventive mechanisms.
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 power:
(a)
To regularly examine the treatment of the persons deprived of their liberty in
places of detention as defined in article 4, with a view to strengthening, if
necessary, their protection against torture and other cruel, inhuman or degrad‐
ing treatment or punishment;
(b)
To make recommendations to the relevant authorities with the aim of improv‐
ing the treatment and the conditions of the persons deprived of their liberty
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