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B) Basic Texts
TORTURE AND INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT Strasbourg, 26.XI.1987 Protocol no. 1 to the Convention (ETS 151) Protocol no. 2 to the Convention (ETS 152) The member States of the Council of Europe, signatory hereto, Having regard to the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms; Recalling that, under Article 3 of the same Convention, "no one shall be subjected to torture or to inhuman or degrading treatment or punishment"; Noting that the machinery provided for in that Convention operates in relation to persons who allege that they are victims of violations of Article 3; Convinced that the protection of persons deprived of their liberty against torture and inhuman or degrading treatment or punishment could be strengthened by non-judicial means of a preventive character based on visits, Have agreed as follows: Chapter I Article 1 There shall be established a European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter referred to as "the Committee"). The Committee shall, by means of visits, examine the treatment of persons deprived of their liberty with a view to strengthening, if necessary, the protection of such persons from torture and from inhuman or degrading treatment or punishment. Article 2 Each Party shall permit visits, in accordance with this Convention, to any place within its jurisdiction where persons are deprived of their liberty by a public authority. Article 3 In the application of this Convention, the Committee and the competent national authorities of the Party concerned shall co-operate with each other. Chapter II Article 4 1. The Committee shall consist of a number of members equal to that of the Parties. 2. The members of the Committee shall be chosen from among persons of high moral character, known for their competence in the field of human rights or having professional experience in the areas covered by this Convention. 3. No two members of the Committee may be nationals of the same State. 4. The members shall serve in their individual capacity, shall be independent and impartial, and shall be available to serve the Committee effectively. Article 5 1. The members of the Committee shall be elected by the Committee of Ministers of the Council of Europe by an absolute majority of votes, from a list of names drawn up by the Bureau of the Consultative Assembly of the Council of Europe; each national delegation of the Parties in the Consultative Assembly shall put forward three candidates, of whom two at least shall be its nationals. 2. The same procedure shall be followed in filling casual vacancies. 3. The members of the Committee shall be elected for a period of four years. They may only be re-elected once. However, among the members elected at the first election, the terms of three members shall expire at the end of two years. The members whose terms are to expire at the end of the initial period of two years shall be chosen by lot by the Secretary General of the Council of Europe immediately after the first election has been completed. Article 6 1. The Committee shall meet in camera. A quorum shall be equal to the majority of its members. The decisions of the Committee shall be taken by a majority of the members present, subject to the provisions of Article 10, paragraph 2. 2. The Committee shall draw up its own rules of procedure. 3. The Secretariat of the Committee shall be provided by the Secretary General of the Council of Europe. Chapter III Article 7 1. The Committee shall organise visits to places referred to in Article 2. Apart from periodic visits, the Committee may organise such other visits as appear to it to be required in the circumstances. 2. As a general rule, the visits shall be carried out by at least two members of the Committee. The Committee may, if it considers it necessary, be assisted by experts and interpreters. Article 8 1. The Committee shall notify the Government of the Party concerned of its intention to carry out a visit. After such notification, it may at any time visit any place referred to in Article 2. A Party shall provide the Committee with the following facilities to carry out its task: a. access to its territory and the right to travel without restriction; b. full information on the places where persons deprived of their liberty are being held; c. unlimited access to any place where persons are deprived of their liberty, including the right to move inside such places without restriction; d. other information available to the Party which is necessary for the Committee to carry out its task. In seeking such information, the Committee shall have regard to applicable rules of national law and professional ethics. 3. The Committee may interview in private persons deprived of their liberty. 4. The Committee may communicate freely with any person whom it believes can supply relevant information. 5. If necessary, the Committee may immediately communicate observations to the competent authorities of the Party concerned.
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