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.
3.
In the composition of the Subcommittee on Prevention due consideration shall be given to
equitable geographic distribution and to the representation of different forms of civilization
and legal systems of the States Parties.
4.
In this composition consideration shall also be given to balanced gender representation on
the basis of the principles of equality and non-discrimination.
5.
No two members of the Subcommittee on Prevention may be nationals of the same State.
6.
The members of the Subcommittee on Prevention shall serve in their individual capacity,
shall be independent and impartial and shall be available to serve the Subcommittee on
Prevention efficiently.
Article 6
1.
Each State Party may nominate, in accordance with paragraph 2 of the present article, up to
two candidates possessing the qualifications and meeting the requirements set out in article
5, and in doing so shall provide detailed information on the qualifications of the nominees.
2.
a.
The nominees shall have the nationality of a State Party to the present Protocol;
b.
At least one of the two candidates shall have the nationality of the nominating State
Party;
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