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防止酷刑和其他残忍不人道或有辱人格待遇或处罚的欧洲公约1989
防止酷刑和其他残忍不人道或有辱人格待遇或处罚的欧洲公约1989
European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, E.T.S. 126, entered into force Feb. 1, 1989.
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 and character, known for their competence in the field of human rights or having professional experiences 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.
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 place 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.
Article 9
1. In exceptional circumstances, the competent authorities of the Party concerned may make representations to the Committee against a visit at the time or to the particular place proposed by the Committee. Such representations may only be made on grounds of national defence, public safety, serious disorder in places where persons are deprived of their liberty, the medical condition of a person or that an urgent interrogation relating to a serious crime is in progress.
2. Following such representations, the Committee and the Party shall immediately enter into consultations in order to clarify the situation and seek agreement on arrangements to enable the Committee to exercise its functions expeditiously. Such arrangements may include the transfer to another place of any person whom the Committee proposed to visit. Until the visit takes place, the Party shall provide information to the Committee about any person concerned.
Article 10
1.After each visit, the Committee shall draw a report on the facts found during the visit, taking account of any observations which may have been submitted by the Party concerned. It shall transmit to the latter its report containing any recommendations it considers necessary. The Committee may consult with the Party with a view to suggesting, if necessary, improvements in the protection of persons deprived of their liberty.
2.If the Party fails to co-operate or refuses to improve the situation in the light of the Committee's recommendations, the Committee may decide, after the Party has had an opportunity to make known its views, by a majority of two-thirds of its members to make a public statement on the matter.
Article 11
1.The information gathered by the Committee in relation to a visit, its report and its consultations with the Party concerned shall be confidential.
2.The Committee shall publish its report, together with any comments of the Party concerned, whenever requested to do so by that Party.
3.However, no personal data shall be published without the express consent
of the person concerned.
Article 12
Subject to the rules of confidentiality in Article 11, the Committee shall every year submit to the Committee of Ministers a general report on its activities which shall be transmitted to the Consultative Assembly and made public.
Article 13
The members of the Committee, experts and other persons assisting the Committee are required, during and after their terms of office, to maintain the confidentiality of the facts or information of which they have become aware during the discharge of their functions.
Article 14
1.The names of persons assisting the Committee shall be specified in the notification under Article 8, paragraph 1.
2.Experts shall act on the instructions and under the authority of the Committee. They shall have particular knowledge and experience in the areas covered by this Convention and shall be bound by the same duties and independence, impartiality and availability as the members of the Committee.
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