On The Conclusion Of The European Convention For The Prevention Of Torture

Original Language Title: o sjednání Evropské úmluvy o zabránění mučení

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=43655&nr=9~2F1996~20Sb.&ft=txt

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.