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Summary

Entry into force: 01-03-2002.

Keywords

FOREIGN AFFAIRS, INTERNATIONAL AGREEMENT, MULTILATERAL AGREEMENT , PROTOCOL, EUROPEAN CONVENTION, PREVENTION, TORTURE, PUNISHMENT, INHUMAN TREATMENT , DEGRADATIVE TREATMENT, COMMITTEE FOR TORTURE PREVENTION, CPT, MISSION, OPERATION

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JORF n ° 174 of July 29, 2004 Page 13509
text number 44



Order No. 2004-752 dated July 21, 2004 Publication of Protocol No 1 to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, Strasbourg, 4 November 1993 (1)

NOR: MAEJ0430053D ELI: https://www.legifrance.gouv.fr/eli/decret/2004/7/21/MAEJ0430053D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2004/7/21/2004-752/jo/texte

The President of the Republic,
On the Prime Minister's Report Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
In light of the amended Decree No. 53-192 of 14 March 1953 on the ratification and publication of international commitments entered into by France;
Decree No. 89-283 of 2 May 1989 on the publication of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (an annex), made in Strasbourg on 26 November 1987,
.

Article 1

Protocol 1 to the European Convention for the Prevention of Torture and Penalties or Treatment In Strasbourg on 4 November 1993, will be published in the Official Journal of the French Republic.

Article 2

The Prime Minister and the Minister for Foreign Affairs are responsible for each As regards the execution of this Decree, which will be published in the Official Journal of the French Republic.

Annex

P R O T O C O L E N ° 1

TO THE EUROPEAN CONVENTION FOR THE PREVENTION OF TORTURE AND INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
The member states of the Council of Europe, signatories to this Protocol to the Convention European Commission for the Prevention of Torture and Punishments Signed at Strasbourg on 26 November 1987 (hereinafter referred to as ' The Convention),
Considering that it is appropriate to allow non-member states of the Council of Europe to accede, at the invitation of the Committee of Ministers, to the Convention,
have agreed as follows:

Article 1

Article 5, paragraph 1, of the Convention is supplemented by a written paragraph:
" In the event of the election of a member of the Committee in respect of a non-member state of the Council of Europe, the Bureau of the Consultative Assembly shall invite the parliament of the State concerned to present three candidates, at least two of whom shall be of its nationality. The election by the Committee of Ministers shall take place after consultation of the Party concerned. "

Article 2

Article 12 of the Convention reads as follows:
Each year, the Committee shall submit to the Committee of Ministers, taking into account the confidentiality rules provided for in Article 11, a general report on its activities, which shall be transmitted to the Consultative Assembly, as well as to any non-member State of the Council Of the Europe party to the Convention, and made public. "

Article 3

The text of Article 18 of the Convention becomes paragraph 1 of the same article and is supplemented by a paragraph 2 thus written:
" 2. The Committee of Ministers of the Council of Europe may invite any non member state of the Council of Europe to accede to the Convention. "

Article 4

In paragraph 2 of Article 19 of the Convention, the word" Member " Is deleted and the words " Or approval, " Are replaced by " Approval or accession. ".

Article 5

In paragraph 1 of Article 20 of the Convention, the words" Or approval " Are replaced by " Approval or membership, ".

Article 6

1. The introductory phrase of article 23 of the Convention reads as follows:
" The Secretary General of the Council of Europe shall notify the member states and any non member state of the Council of Europe party to the Convention: ".
2. In letter b of article 23 of the Convention, the words " Or approval; " Are replaced by " Approval or membership; ".

Article 7

1. This Protocol shall be open for signature by the member States of the Council of Europe which are signatories to the Convention, who may express their consent to be bound by:
(a) Signature without reservation of ratification, acceptance or approval, or
(b) Signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.
2. Ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

Article 8

This Protocol shall enter into force on the first day of the following month The expiration of a period of three months after the date on which all Parties to the Convention shall have expressed their consent to be bound by the Protocol in accordance with the provisions of Article 7.

Article 9

The Secretary General of the Council of Europe shall notify To member states of the Council of Europe:
(a) Any signature;
(b) The deposit of any instrument of ratification, acceptance or approval;
(c) The date of entry into force of this Protocol, in accordance with Article 8;
(d) Any other act, notification or communication
In witness whereof, the undersigned, duly authorized to that effect, have signed this Protocol.
Done at Strasbourg, on November 4, 1993, in English and in French, both texts being equally authentic, in one To be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member state of the Council of Europe.

Done at Paris, 21 July 2004.

Jacques Chirac

By the President of the Republic:

Prime Minister,

Jean-Pierre Raffarin

Foreign Minister,

Michel Barnier

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