Version as at
1 July 2023
Crimes of Torture Act 1989
Schedule 1
Part II
Article 17
1.
There shall be established a Committee against Torture (hereinafter referred to
as the Committee) which shall carry out the functions hereinafter provided. The
Committee shall consist of ten experts of high moral standing and recognized
competence in the field of human rights, who shall serve in their personal
capacity. The experts shall be elected by the States Parties, consideration being
given to equitable geographical distribution and to the usefulness of the partici‐
pation of some persons having legal experience.
2.
The members of the Committee shall be elected by secret ballot from a list
of persons nominated by States Parties. Each State Party may nominate one
person from among its own nationals. States Parties shall bear in mind the
usefulness of nominating persons who are also members of the Human Rights
Committee established under the International Covenant on Civil and Political
Rights and who are willing to serve on the Committee against Torture.
3.
Elections of the members of the Committee shall be held at biennial meetings
of States Parties convened by the Secretary-General of the United Nations. At
those meetings, for which two thirds of the States Parties shall constitute a quo‐
rum, the persons elected to the Committee shall be those who obtain the largest
number of votes and an absolute majority of the votes of the representatives of
States Parties present and voting.
4.
The initial election shall be held no later than six months after the date of the
entry into force of this Convention. At least four months before the date of
each election, the Secretary-General of the United Nations shall address a letter
to the States Parties inviting them to submit their nominations within three
months. The Secretary-General shall prepare a list in alphabetical order of all
persons thus nominated, indicating the States Parties which have nominated
them, and shall submit it to the States Parties.
5.
The members of the Committee shall be elected for a term of four years. They
shall be eligible for re-election if renominated. However, the term of five of
the members elected at the first election shall expire at the end of two years;
immediately after the first election the names of these five members shall be
chosen by lot by the chairman of the meeting referred to in paragraph 3 of this
article.
6.
If a member of the Committee dies or resigns or for any other cause can
no longer perform his Committee duties, the State Party which nominated
him shall appoint another expert from among its nationals to serve for the
remainder of his term, subject to the approval of the majority of the States
Parties. The approval shall be considered given unless half or more of the
States Parties respond negatively within six weeks after having been informed
by the Secretary-General of the United Nations of the proposed appointment.
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