9/1996.
The COMMUNICATION FROM the
Ministry of Foreign Affairs
Ministry of Foreign Affairs says that the 26 July. November 1987 was
in Strasbourg, adopted the European Convention for the prevention of torture and inhuman
or degrading treatment or punishment.
On behalf of the Czech and Slovak Federal Republic, the Convention was signed in
Strasbourg, 23 June 2003. December 1992.
On 1 May 2004. January 1993 letter, Minister of Foreign Affairs Czech Republic
reported to the Secretary-General of the Council of Europe, the depositary of the Convention that, in
accordance with the applicable principles of international law, as the successor
the State of the Czech and Slovak Federal Republic considers the signatory
State of the European Convention for the prevention of torture and inhuman or degrading
treatment or punishment of 26 November. November 1987. On 30 November. June 1993
The Committee of Ministers of the Council of Europe to 496. meeting of the delegates of Ministers confirmed
the Czech Republic is considered as a signatory State of the Convention.
With the Convention gave its assent, Parliament of the Czech Republic and has approved it as
Article 39 paragraph 2. 4 of the Constitution of the United States as an international treaty
human rights and fundamental freedoms as defined in article 10 of the Constitution
Of the Czech Republic. President of the Republic has ratified the Convention. Instrument of ratification
the Charter of the Czech Republic was deposited with the Secretary-General of the Council
Europe on 7 December. September 1995.
Convention entered into force pursuant to its article 19, paragraph 2. 1 on 1 January 2000.
February 1989 and for the Czech Republic in accordance with paragraph 2 of the same article
entered into force on 1 January 2000. January 1996.
Czech translation of the Convention shall be published at the same time.
THE EUROPEAN CONVENTION
for the prevention of torture and inhuman or degrading treatment or punishment
Member States of the Council of Europe, signatory to this Convention,
dbajíce the provisions of the Convention for the protection of human rights and fundamental freedoms;
Recalling that, pursuant to article 3 of the Convention referred to above, "no person shall
be subjected to torture or to inhuman or degrading treatment or
the sentence ";
Noting that the mechanism provided for in this Convention operates in
považujícím relation to persons injured as a result of a violation 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 nature which are
based on the visits;
They agreed on the following:
TITLE I OF THE
Article 1
There is hereby established the European Committee for the prevention of torture and inhuman or
degrading treatment or punishment (hereinafter referred to as "the Committee"). The Committee of the
through visits to figuring out how is treated with persons of ducks
freedom to strengthen where necessary the protection of such persons before the
torture and from inhuman or degrading treatment or punishment.
Article 2
Each Party shall permit in accordance with this Convention to visit any
places subject to its jurisdiction where persons deprived of
the freedom of the public authorities.
Article 3
The Committee and the competent national authorities the parties involved in implementing this
the Convention shall cooperate with each other.
TITLE II
Article 4
1. the Committee shall consist of a number of members equal to the number of sides.
2. the members of the Committee shall be chosen from among persons of high moral character,
they are known for their abilities in the field of human rights or have
professional experience in the areas covered by this Convention.
3. A member of the Committee may be only one national of the same State.
4. the members acting as private individuals, are independent and impartial, and
must be available for the effective performance of its functions in the Committee.
Article 5
1. members of the Committee shall be elected by the Committee of Ministers the Council of Europe by a simple
a majority vote from the list compiled by the Consultative Assembly of the Council of byrem
Of Europe; each national delegation of the parties in the Consultative Assembly will propose three
the candidates, of whom two at least shall be its nationals.
2. the same procedure shall apply when filling occasionally released
places.
3. the members of the Committee are elected for a term of four years. Can be
znovuzvoleni only once. Term three members elected in the first
However, the elections shall expire after two years. Members whose term
expires at the end of the first two-year period, will be determined by drawing lots, which
does the Secretary General of the Council of Europe immediately after the first election.
Article 6
1. Meetings of the Committee shall not be public. A quorum consists of a majority of its members. With
exception of the provisions of article 10, paragraph 1. 2 are the decisions of the Committee taken by
a majority of the members present.
2. the Committee shall establish its rules of procedure.
3. The secretariat of the Committee shall be provided by the Secretary-General of the Council of Europe.
TITLE III
Article 7
1. the Committee shall organise the visits to the places referred to in article 2. In addition to the
periodic visits, the Committee may organize such additional visits,
which are in its view required by the circumstances.
2. the visits are usually carried out by at least two members of the Committee.
The Committee may, if it considers it necessary, to assist experts and
the interpreters.
Article 8
1. the Committee shall notify the Government of the interested party of its intention to carry out a visit.
After such notification may at any time visit any place referred to in
Article 2.
2. a party shall provide the Committee to carry out its task, the following
options:
and access to its territory) and the right to travel without restriction;
(b)) all the information about the places where persons deprived of liberty;
c) unlimited access to any place where persons
deprived of liberty, including the right to move in these places without
restrictions;
(d)) for more information available to the side, which are necessary for the Committee to
to carry out its task. When requesting this information, the Committee will take on the
into account the relevant rules of national law and professional ethics.
3. the Committee may, without the presence of other people question the persons deprived of
freedom.
4. the Committee is free to associate with any person that believes that
It can provide the relevant information.
5. the Committee may, where necessary, immediately report its findings
the competent authorities of the parties concerned.
Article 9
1. in exceptional cases, the competent authorities of the interested party
to raise the Committee's objection to the visit in a certain period or on a specific
the site of the proposed Committee. Such objections may be lodged only from the
reasons of national defence, public safety, serious unrest in places
where persons deprived of liberty, the State of health of the person or
the ongoing urgent interrogation relating to a serious crime
scene of the crime.
2. After such objections, the Committee and the party immediately begins
consultations in order to clarify the situation and reach an agreement on the measures
enabling the Committee to exercise its functions expeditiously. Such measures
may include relocation of each person, which the Committee proposed the visit,
to another location. By the time of implementation, the Party shall provide the Committee visits
information about any such person.
Article 10
1. the Committee shall prepare a report after each visit about the facts established
during it, taking account of all the comments that have been
submitted by the party concerned. A report with recommendations which the
necessary, shall transmit to the side. The Committee may examine, with the aim of
propose, if necessary, improve the protection of persons deprived of their
freedom.
2. If a party does not cooperate or refuses to improve the situation in the light of the
recommendations of the Committee, the Committee may, after the party had the opportunity to comment
their views, decide by a two thirds majority of its members, that in the case
make a public statement.
Article 11
1. The information gathered by the Committee in connection with his visit, his
report and consultations with the interested party shall be confidential.
2. the Committee shall publish its report, together with any comments
stakeholders, whenever this is requested by the latter.
3. No personal data shall not be disclosed without the express
the consent of the person concerned.
Article 12
The Committee, in accordance with the rules of confidentiality in article 11 shall report annually
The Committee of Ministers a general report on its activities, which is passed to the
The Advisory Assembly and made public.
Article 13
Members of the Committee, experts and other persons to assist the Committee shall require,
During his term of Office and after the preserve
confidentiality of the facts or information of which they learned when
the performance of its functions.
Article 14
1. the names of the people to help the Committee will be given in the notification referred to in article
8 (2). 1.
2. Experts shall act on the basis of the instructions and on behalf of the Committee. You must have the
special knowledge and experience in the areas covered by this
Convention, and are bound by the same duties of independence, impartiality and
availability of as members of the Committee.
3. a party may exceptionally declare that expert or other person
to help the Committee cannot take part in the visit to the site subject
its jurisdiction.
TITLE IV
Article 15
Each Party shall notify the Committee of the name and address of the authority which is competent
receive alerts for Government and liaison officer, which, where appropriate,
his name is.
Article 16
The Committee, its members and experts referred to in article 7 (2). 2 shall enjoy the privileges
and immunities laid down in the annex to this Convention.
Article 17
1. this Convention does not prejudice the provisions of domestic law or
any international agreement that persons deprived of their freedom to provide
greater protection.
2. nothing in this Convention shall be construed as limiting or
disturbed by the power organs of the European Convention on human rights or obligations
accepted by the parties under this Convention.
3. the Committee was not the place that effectively and regularly visit
the representatives or delegates of the protective powers or international
Committee of the Red Cross on the basis of the Geneva Conventions of 12. August 1949 and
the additional protocols thereto of 8. June 1977.
TITLE V OF THE
Article 18
This Convention is open for signature by the Member States of the Council of Europe. Shall be subject to
ratification, acceptance or approval. Instruments of ratification, instruments of
acceptance or approval shall be deposited with the Secretary-General of the Council
Europe.
Article 19
1. This Convention shall enter into force on the first day of the month following the
expiration of three months from the date on which seven Member States of the Council of Europe
expresses its consent to be bound by the Convention in accordance with the provisions of
Article 18.
2. for each Member State which subsequently expresses its consent to be
bound by this Convention, the Convention shall enter into force on the first day of the month
following the expiration of three months from the date of deposit of instrument of ratification
the instrument, the instrument of acceptance or approval.
Article 20
1. any State may, at the time of signature or ratification,
ratification, acceptance or approval, specify the territory or on that
This Convention will apply to.
2. any State may at any time extend the statement sent later
the Secretary-General of the Council of Europe on the application of this Convention
any other territory specified in the Declaration. In relation to this
the territory of the Convention shall enter into force on the first day of the month following the
expiration of three months from the date of receipt of such declaration by the
Secretary.
3. any declaration made under the two preceding paragraphs
may be in respect of any territory mentioned in such declaration
withdrawn by notification addressed to the Secretary-General. Withdrawal shall take
the effectiveness of the first day of the month following the expiration of three months from the date of
receipt of such notification by the Secretary-General.
Article 21
The provisions of this Convention cannot make any reservation.
Article 22
1. any party may at any time denounce this Convention notice
the Secretary-General of the Council of Europe.
2. Such denunciation shall take effect on the first day of the month following the
the expiry of 12 months from the date of receipt of the communication by the Secretary-General of
The Council Of Europe.
Article 23
The Secretary General of the Council of Europe shall notify the Member States of the Council of Europe:
and) each signature;
(b)) the deposit of any instrument of ratification, acceptance or approval;
c) any date of entry into force of this Convention in accordance with articles 19 and
20;
(d)) every other Act, notification or communication relating to this Convention,
the exception of the measures adopted in implementation of articles 8 and 10.
In witness whereof, who were duly authorised thereto, have signed the
This Convention.
Given in Strasbourg on 26 April. November 1987 in English and French,
both texts being equally authentic, in a single copy, which
be deposited in the archives of the Council of Europe. Certified copies to
the Secretary General of the Council of Europe to all Member States of the Council of Europe.
XIII.
Privileges and immunities
(Article 16)
1. For the purposes of this annex, the references to the members of the Committee also considered a
links to the experts referred to in article 7 (2). 2.
2. the members of the Committee in the performance of their duties and during their travel held in
exercising their functions, shall be accorded the following privileges and immunities:
a) immunity from arrest or detention and against the seizure of their personal
luggage and in relation to the statements or the pleadings and all acts
performed in the performance of professional mission, exemption from all proceedings;
(b)) exemption from any restrictions on freedom of movement when you leave and return to the
their country of residence and on entry and departure from the country in which the
exercise of their functions, and the registration of foreigners in the country you are visiting
or you pass through when exercising their functions.
3. When travelling in the performance of their functions held are members of the Committee
granted for customs and foreign exchange controls:
and their own Government) the same relief, which are awarded by the higher
officials travelling to foreign countries with temporary staff mission;
(b)) by the Governments of the other parties the same relief, which are awarded by the
representatives of the foreign Governments responsible for temporary staff the mission.
4. the documents and materials of the Committee as they relate to the Committee's work, are
be inviolable.
Official correspondence and other official communications of the Committee cannot be
detained or subjected to censorship.
5. members of the Committee in order to ensure the complete freedom of speech and complete
independence in the exercise of their functions will be to continue the exemption of proceedings in
relation to the statements or the pleadings and all acts performed in the
performance of their duties, regardless of the fact that the persons concerned are no longer such
functions do not exercise.
6. privileges and immunities are granted to the members of the Committee not for their
personal benefits, but in order to safeguard the independent exercise of their functions.
Only the Committee is authorised to waive the immunity of its members; does not only
right, but also the duty to waive the immunity of its members in each case,
When, in his opinion, the immunity would impede justice and when
is it possible to renounce without prejudice to the purpose for which it is awarded.
