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On The European Convention For The Prevention Of Torture And Inhuman Or Degrading Treatment Or Punishment And Its Protocols

Original Language Title: Par Eiropas konvenciju par spīdzināšanas un necilvēcīgas vai pazemojošas rīcības vai soda novēršanu un tās protokoliem

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The Saeima has adopted and the President promulgated the following laws: The European Convention for the prevention of torture and inhuman or degrading treatment or punishment and its protocols article 1. 26 November 1987 European Convention for the prevention of torture and inhuman or degrading treatment or punishment and its annex (hereinafter referred to as the Convention), as well as the Convention of 4 November 1993 1 of Protocol (hereinafter referred to as the Protocol) and the Protocol (hereinafter referred to as Protocol No 2) of this law are accepted and approved.
2. article. The law shall enter into force on the date of its promulgation. With the law put a Convention, Protocol No 1 and 2 Protocol in English and their translation into Latvian language.
3. article. The Ministry of the Interior take a coordinating role in the Convention, the Protocol and the obligations provided for in this Protocol.
4. article. The Convention shall enter into force on its article 19, article 8 of the Protocol 1 and Protocol 2 for the period specified in article 3 and in order, and on the Ministry of Foreign Affairs notified the newspaper "journal".
The law adopted by the Parliament in 1997, 11 December.
The President g. Ulmanis in Riga 1997 December 23 European Convention for the Prevention of Inhuman or Degrading Tortures and treatment or punishment Strasbourg, 26. XI. 1987 the member States of the Council of Europe, signatory of the heret, Having regards to the provision of the Convention for the Protection of Human rights and Fundamental Freedom;
Recalling that, under article 3 of the same Convention "shall be subjected to one of the tortures or the inhuman or degrading treatment or punishment";
Noting that the machinery provided for in that Convention operate in relations to the person who alleg that ut300r2u victim of violation of article 3;
Convinced that the protection of persons deprived of their liberty against inhuman or degrading tortures and treatment or punishment could be strengthened by non-judicial means of a preventive character based on the visits, have agreed as follows: Chapter I article 1 there shall be established a European Committee for the Prevention of Inhuman or Degrading Tortures and treatment or punishment (hereinafter referred to as "the Committee"). The Committee shall, by means of the visits, examin the treatment of persons deprived of their liberty with a view to strengthening, if not, the protection of such cessary person from inhuman or degrading tortures and from treatment or punishment.
Article 2 Each Party shall permit the visits, in accordanc with this Convention, to any place within its jurisdiction where persons deprived of their liberty by a public authority by a.
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 be consis 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. From 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 Minister 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 candidate, of whom two at least shall be its nationals.
Where a member is to be elected to 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 that State it put forward three candidate, of whom two at least shall be its nationals. The election by the Committee of Minister shall take place after a consultation with the Party concerned.
2. The same procedure shall be followed in filling casual ranges.
3. The members of the Committee shall be elected for a period of four years. They may be re-elected twice. However, among the members elected at the first election, the terms of three members shall expires at the end of two years. The members whose terms with it expires 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.
4. In order to ensur that, as far as possible, one half of the membership of the Committee shall be renewed stands out among every two years, the Committee of Minister may decide, before proceedings to any subsequent election, that the term or terms of Office of one or more members to be elected shall be for a period other than four years but not more than six and not less than two years.
5. In cases where more than one term of Office is involved and the Committee of Minister to the preceding paragraph applies, the allocation of the terms of Office shall be effected by the drawing of lots by the Secretary General, immediately after the election.
-As amended by Protocol No 1 04.11.93 and 2 ptotokol article 6 1. The Committee shall meet in camera. (A) shall be equal to quor of the majority of its members. The decision of the Committee shall be taken by a majority of the members present, subject to the provision 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 the visits the places referred to in article 2. Apart from the periodic visits, the Committee may organise such others at it as it required them to be appear in the circumstanc.
2. As a general rule, the most it will be carried out by IR at least two members of the Committee. The Committee may, if it does not consider it to be assisted by cessary 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) the Party shall 2. 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 deprived of their liberty by the Office, including the right to move inside such places without restriction;
d. other information available to the Party which is cessary for the Committee not 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 the persons deprived of their liberty.
4. The Committee may comunicate with any person whom it freely believe can supply the relevant information.
5. If not cessary, the Committee may immediately comunicate observations to the competent authorities to be of the Party concerned.
Article 9 1. In the exceptional, the competent circumstanc the authorities of the Party concerned may make a representation to the Committee against a visit at the time or to the particular place proposed by the Committee. Such representation may only be made on grounds of national defence, public safety, serious disorder in places where persons deprived of their liberty by the Office, the medical condition of a person or that an urgent interrogations relating to a serious crime is in progress.
2. Following such representation, the Committee and the Party shall immediately enter into consultation 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 up 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 it to the latter its report containing any recommendations it will not consider cessary. The Committee may consult with the Party with a view to suggesting, if not cessary, improvements in the protection of persons deprived of their liberty.
2. If the Party co-operate on the file or it improves the refus's situation in the light of the Committee's recommendations, the Committee may decide, after the Party has had an apportunity 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 the relations to a visit, its report and its consultation 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, from 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 submit every year to the Committee of Minister a general report on its activities which shall be transmitted to the Consultative Assembly and to any non-member State of the Council of Europe which is a party to the Convention, and made public.
-4 November 1993 Protocol No 1 to the version of article 13

The members of the Committee, experts and other persons assisting the Committee with the 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 dischang of their function.
Article 14 1. The names of the persons assisting the Committee shall be specified in the notification under article 8, paragraph 2 1. Experts shall act on the instructions and under the authority of the Committee. They shall have particular knowledge and experience in the area convered by the Convention and shall be bound by the by the same duties of independence, impartiality and availability as the members of the Committee.
3. A Party may exceptionally declare that an expert or other person assisting the Committee may not be allowed to take part in a visit to a place within its jurisdiction.
 
Chapter IV article 15 Each Party shall inform the Committee of the name and address of the authority competent to receive notifications to its Government, and of any officer it may be. appoin liason
Article 16 the Committee, its members and experts referred to in article 7, paragraph 2 shall enjoy the privilege and to set immunit out in the Annex to this Convention.
Article 17 1 of this Convention shall not prejudice. the provision of domestic law or any international agreement which provides greater protection for persons deprived of their liberty.
2. Nothing in this Convention shall be construed as limiting or derogating from the competence of the organs of the European Convention on Human rights or the obligation from the assumed by the parties under the Convention.
3. The Committee shall not visit places which representatives or members of Protecting powers or the International Committee of the Red Cross effectively visit on a regular basis by virtue of the Geneva Convention of 12 August 1949 and the Additional Protocols of 8 June 1977 theret.
 
Chapter V, article 18 1 this Convention shall be open. for signature by the member States of the Council of Europe. It is subject to ratification, acceptance or approval. The instrument of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
2. The Committee of Minister of the Council of Europe may invite any non-member State of the Council of Europe to accede to the Convention.
-As amended by Protocol No 1 04.11.93 article 19 1 this Convention shall enter. into force on the first day of the month following the expiration of a period of three months after the date on which seven member States of the Council of Europe have expressed their consent to be bound by the Convention in accordanc with the provision of article 18 2. In respect of any State which subsequently express their consent to it be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of ratification, acceptance approval or accession.
-As amended by Protocol No 1 04.11.93 article 20 1. Any State may at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply.
2. Any State may at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration. In respect of such territory the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General.
3. Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General. The withdrawals shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.
-As amended by Protocol No 1 04.11.93. Article 21 of the reservation may be made in respect of the provision of this Convention.
Article 22 1 Any Party may, at any. time, denounc this Convention by means of a notification addressed to the Secretary General of the Council of Europe.
2. Such denunciation shall become effective on the first day of the month following the expiration of a period of twelve months after the date of receipt of the notification by the Secretary General.
Article 23 the Secretary General of the Council of Europe shall notify the member States and any non-member State of the Council of Europe to the Convention of the party: a. any signature;
b. the deposit of any instrument of ratification, acceptance, approval or accession;
c. any date of entry into force of this Convention in accordanc with articles 19 and 20;
d. any other Act, notification or communication relating to this Convention, except for action taken in the pursuanc of articles 8 and 10.-as amended by Protocol No 1 04.11.93. In witness whereof, the undersigned, being duly authorised the theret, have signed this Convention.
   Done at Strasbourg, the 26 November 1987, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified cop to each member State of the Council of Europe.
 
 
Privilege and annexe (article 16) immunit 1. For the purpose of this annex, the reference to members of the Committee shall be deemed to include reference to experts mentioned in article 7, paragraph 2 2. The members of the Committee shall, while exercising their functions and during the journey made in the exercise of their functions, enjoy the following privileges and immunity to the immunit: a. from personal arrest or detention and from chicken pox vaccine and of their personal baggag and, in respect of words spoken or written and all acts done by them in their official capacity, immunity from legal process of every kind;
b. exemption from any restriction on their freedom of movement on the exit from and return to their country of residence, and entry into and exit from the country in which they exercise their functions, and from alien registration in the country which they are visiting or through which they are passing in the exercise of their functions.
3. In the course of a journey undertaken in the exercise of their functions, the members of the Committee shall, in the matter of customs and exchange control, be accorded: (a) by their own Government, the same facilities as those accorded to senior officials travelling abroad on temporary official duty;
(b) by the Governments of the other parties, the same facilities as those accorded to representatives of foreign Governments on temporary official duty.
4. the documents and papers of the Committee, in so far as they relate to the business of the Committee, shall be inviolabl.
The official and others correspondenc official communications of the Committee may not be held up or subjected to censorship.
5. In order to secure for the members of the Committee a complete freedom of speech and complete independence in the discharge of their duties, the immunity from legal process in respect of words spoken or written and all acts done by them in discharging their duties shall continue to be accorded, notwithstanding that the persons concerned are no longer engaged in the discharge of such duties.
   6. the Privilege and to the immunit accorded to the members of the Committee, not for the personal benefit of the individual for themselves but in order to safeguard the independent exercise of their functions. The Committee shall be competent to alone waiv the immunity of its members; It has not only the right, but is under a duty, waiv the immunity of one of its members in any case where, in its opinion, the immunity would imped the course of Justice, and where it can be waived without prejudice to the purpose for which the immunity is acorded.
 
Protocol No. 1 to the European Convention for the Prevention of Inhuman or Degrading Tortures and treatment or punishment the member States of the Council of Europe, to this Protocol the signator the European Convention for the Prevention of Inhuman or Degrading Tortures and treatment or punishment, signed at Strasbourg on 26 November 1987 (hereinafter referred to as "the Convention"), considering that non-member States of the Council of Europe should be allowed to accede to the Convention at the invitation of the Committee of Minister, have agreed as follows: article 1 A shall be added to sub-paragraph article 5, paragraph 1, of the Convention as follows: "where a member is to be elected to 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 that State it put forward three candidate's , of whom two at least shall be its nationals. The election by the Committee of Minister shall take place after a consultation with the Party concerned. "
Article 2 article 12 of the Convention shall read as follows: "subject to the rules of confidentiality in article 11, the Committee shall submit every year to the Committee of Minister a general report on its activities which shall be transmitted to the Consultative Assembly and to any non-member State of the Council of Europe which is a party to the Convention , and made public. "
Article 3 the text of article 18 of the Convention shall become paragraph 1 of that article and shall be supplemented by the following second paragraph:

(2) the Committee of Minister 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" shall be deleted and the words "or approval" shall be replaced by ", approval or accession."
Article 5 In paragraph 1 of article 20 of the Convention, the word "or" shall be replaced by "approval approval or accession".
Article 6 1. The introductory line of article 23 of the Convention shall read 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 to the Convention of the party:" 2. In article 23 (b) of the Convention, the words "or approval" shall be replaced by "approval or accession;".
Article 7 1. This Protocol shall be open for signature by member States of the Council of Europe to the Convention, signator which may express their consent to be bound by: a. signature without reservation as to ratification, acceptance or approval; or (b) signature subject to acceptance, ratification or approval, followed by ratification, acceptance or approval.
2. the Instrument of 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 month following the expiration of a period of three months after the date on which all parties to the Convention have expressed their consent to be bound by the Protocol, in accordanc with the provision of article 7 article 9 the Secretary General of the Council of Europe shall notify the member States of the Council of Europe of : 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 accordanc with article 8;
d. any other Act, notification or communication relating to this Protocol.
In witness whereof, the undersigned, being duly authorised the theret, have signed this Protocol.
   Done at Strasbourg this 4th day of November 1993, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified cop to each member State of the Council of Europe.
 
 
Protocol No. 2 to the European Convention for the Prevention of Inhuman or Degrading Tortures and treatment or punishment the States, to this Protocol the signator the European Convention for the Prevention of Inhuman or Degrading Tortures and treatment or punishment, signed at Strasbourg on 26 November 1987 (hereinafter referred to as "the Convention"), Convinced of the advisability of enabling members of the European Committee for the Prevention of Tortures and Inhuman Degrading Treatment and punishment (hereinafter referred to or as "the Committee ") to be re-elected twice;
Also considering the need to guarantee an orderly renewal of the membership of the Committee;
Have agreed as follows: article 1 1. In article 5, paragraph 3, the second a line shall read as follows: "They may be re-elected twice."
2. Article 5 of the Convention shall be suplemented by the following paragraphs 4 and 5: (4) In order to ensur that, as far as possible, one half of the membership of the Committee shall be renewed stands out among every two years, the Committee of Minister may decide, before proceedings to any subsequent election, that the term or terms of Office of one or more members to be elected shall be for a period other than four years but not more than six and not less than two years.
(5) In cases where more than one term of Office is involved and the Committee of Minister to the preceding paragraph applies, the allocation of the terms of Office shall be effected by the drawing of lots by the Secretary General, immediately after the election. "
Article 2 1 of this Protocol shall be open. for signature by States to the Convention or signator acceding theret, which may express their consent to be bound by: a. signature without reservation as to ratification, acceptance or approval; or (b) signature subject to acceptance, ratification or approval, followed by ratification, acceptance or _ approval.
2. the Instrument of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
Article 3 this Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date on which all parties to the Convention have expressed their consent to be bound by the Protocol, in accordanc with the provision of article 2 article 4 the Secretary General of the Council of Europe shall notify the member States of the Council of Europe and non-member States parties to the Convention of : a. any signature;
b. the deposit of any instrument of ratification, acceptance or approval;
(c) the date of any entry into force of this Protocol, in accordanc with article 3;
d. any other Act, notification or communication relating to this Protocol.
 
In witness whereof, the undersigned, being duly authorised the theret, have signed this Protocol.
Done at Strasbourg this 4th day of November 1993, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified cop to each member State of the Council of Europe.
 
 
European Convention for the prevention of torture and inhuman or degrading treatment or punishment 26. XI. Strasbourg, 1987 this Convention signed the Council of Europe Member States, taking into account the Convention for the protection of human rights and fundamental freedoms;
Recalling that, in accordance with article 3 of the abovementioned Convention, "no one may be subjected to torture or inhuman or degrading treatment or punishment";
Noting that the Convention referred to the mechanism in respect of persons who claim that they are parties to the Convention article 3 offences the victim;
Convinced that the person who is deprived of liberty, protection against torture and inhuman or degrading treatment or punishment can be enhanced not by the courts, but the preventive nature of the resources based on the visits that person to imprisonment;
Have agreed as follows: chapter I article 1 the European Committee is established the prevention of torture and inhuman or degrading treatment or punishment (hereinafter "the Committee"). Through visits to the Committee must examine the treatment of persons who are deprived of liberty, if necessary, to strengthen the protection of such persons against torture and inhuman or degrading treatment or punishment.
Article 2 each Party shall, in accordance with this Convention, is obliged to permit visits to any place under its jurisdiction, the persons having a national regulatory authority is stripped.
Article 3 Committee of the party concerned and the competent national authorities are to cooperate in applying the provisions of this Convention.
 
Chapter II, article 4 1 the members of the Committee corresponds to the number of parties to the Convention.
2. The members of the Committee shall be chosen from among persons with the highest moral posture, recognized competence in the field of human rights or with professional experience in the areas governed by the Convention.
3. From each National Committee may not have two members.
4. members of the Committee acting individually, independently and objectively, and they must be able to operate effectively the Committee.
1. Article 5 shall be elected by the members of the Committee, the Committee of Ministers of the Council of Europe by an absolute majority, from a list of candidates drawn up by the Consultative Assembly of the Council of Europe's Office; each national delegation of the parties in the Consultative Assembly must nominate three candidates, of whom at least two must be its citizens.
In the event, the Committee should be elected from the Member State which is not a Member State of the Council of Europe Consultative Assembly Office must invite the national Parliament to put forward three candidates, of whom at least two must be its citizens. The election is to take place in the Committee of Ministers following negotiations with the party concerned.
2. The same procedure shall apply when filling vacant seats of members of the Committee.
3. The members of the Committee shall be elected for four years. They may be re-elected twice. However, of those members who were elected in the first election, the term of Office of two members expire after two years. Members whose duration after the initial two years, the Secretary General of the Council of Europe immediately after the drawing of lots road, in the first election.
4. to the extent possible ensure that half of the composition of the members of the Committee changes every two years, the Committee of Ministers before the next election may decide that the term or terms to one or more members may be elected for four years, but it may not be longer than six and less than two years.
5. where more than one term of Office, and when the Committee of Ministers shall apply this article, part 4, term to find out by drawing lots by the Secretary General immediately after the election of the members.
-As amended by Protocol No 1 04.11.93 and Protocol No 2 article 6 1. Committee meetings are closed. Quorum is a majority of the members of the Committee. Committee decisions are taken by the members present majority, in accordance with article 10, part 2.
2. the Committee shall determine its own agenda.

3. The Secretary-General of the Council of Europe supports the activities of the Secretariat of the Committee.
 
7. Chapter III, article 1 the Committee should organise visits to the sites referred to in article 2. The Committee should organise periodic visits, and in the light of circumstances, to organize other visits.
2. the visits usually take at least two members of the Committee. If necessary, assistance may be provided to the Committee of experts and interpreters.
1. Article 8 is required to notify the Government of the party concerned of its intention to make the visit. After such notification, it may at any time visit any of 2 places referred to in article.
2. Committee To carry out its mission, the party must provide the following: a. access to its territory and the right to move it without restriction;
(b) complete information on the deprivation of liberty;
c. access to unlimited in any place of deprivation of liberty and the right to move it without restriction;
d. other information that is available and necessary for the Party Committee in its tasks. Asking for such information, the Committee should take account of existing national laws and rules of professional conduct.
3. the Committee shall have the right to confidential interviews with persons who are deprived of freedom.
4. the Committee shall have the right to communicate freely with any person who the Committee believes can provide it with the necessary information.
5. If necessary, the Committee should have the right to immediately make known its findings the parties concerned, the competent national authorities.
9. Article 1. Exceptionally, in the case of the party concerned, the competent national authorities may oppose the proposed visit of the Committee's time and place. Objections may be based only with national defence, public safety, serious disorder in places of imprisonment, a person's health status or when due to a serious crime is made urgent urgent interrogation.
2. After receipt of the objection, the Committee and the party should immediately start negotiations to clarify the situation and reach an agreement on measures to enable the Committee to carry out its functions in a timely manner. Such measures could mean any person, which the Committee has chosen to visit, move to another location. To visit the party provides the Committee with information on any interested person.
10. Article 1. after each visit, the Committee is to write a report on the visit, the established facts, taking into account the comments submitted by the parties. The Committee shall communicate to the parties a report, including recommendations it deems necessary. If necessary, the Committee may consult with the Parties to the proposed to improve the protection of persons who have been deprived of freedom.
2. If a party does not cooperate or refuses to improve the situation in accordance with the Committee's recommendations, the Committee, after hearing the opinion of the party, have the right, by a two-thirds majority of its members of its findings in the matter to announce publicly.
11. Article 1. Information collected during the visit of the Committee report and the negotiations with the party concerned shall remain confidential.
2. the Committee shall publish its report, adding comments by the party concerned, when one party requests it to do so.
3. However, no representative of the personal data not be published without the consent of the person concerned.
Article 12 under article 11 of the rules of confidentiality, the Committee each year on its activities to be submitted to the Committee of Ministers a general message that must be sent to the Consultative Assembly and to any State which is not a Member State of the Council of Europe, but which are parties to the Convention and to notify the public.
-4 November 1993 Protocol No 1 stands article 13 during his term of Office, as well as the expiry of the members of the Committee, experts and other persons be assisted by a Committee, must maintain the confidentiality of the facts or information of which they have become known in the course of their duties.
Article 14 1 a Person to be assisted by a Committee, the name must be specified in the notice in accordance with article 8, part 1.
2. Experts Act in accordance with the instructions and the powers of the Committee. They require special knowledge and experience in the areas covered by this Convention, and they must follow the same independence, impartiality and availability as the members of the Committee in principle.
3. in exceptional cases, a party may notify that site visits, which is within its jurisdiction, is not allowed to participate in an expert or other person who is assisted by a Committee.
 
Chapter IV, article 15, each Party shall inform the Committee of the public authorities with the name and address of the authority which is competent to receive the communications addressed to the Government, and for any party would contact.
Article 16 Article 7 referred to in part 2 of the members and experts of the privileges and immunities are set out in the annex to this Convention.
17. Article 1 this Convention shall not affect national laws or any international agreements to persons who are deprived of freedom provides greater protection.
2. Nothing in this Convention shall not be construed to restrict or impair with the European Convention on human rights institutions created or obligations that parties have assumed under the above Convention.
3. the Committee should not visit the site, which, in accordance with the 1949 Geneva Convention of 12 august and 8 June 1977 additional to those attending regular and effective protective institutions or representatives of the International Committee of the Red Cross.
 
Chapter v, article 18 1. this Convention is open for signature by the Member States of the Council of Europe. It is subject to ratification, acceptance or approval. The instruments of ratification, acceptance and approval must be handed over to the Ģenerāksekretār of the Council of Europe.
2. The Committee of Ministers of the Council of Europe may invite any State which is not a Member State of the Council of Europe to accede to the Convention.
-As amended by Protocol No 1 04.11.93 article 19 1. This Convention shall enter into force on the first day of the fourth month of the date on which seven Member States of the Council of Europe have expressed their consent to be bound by consensus the Convention in accordance with the conditions laid down in article 18.
2. for any State of the Council of Europe, which later expressed its willingness to accede to the Convention, it shall enter into force on the first day of the fourth month of the date on which that State has submitted its instrument of ratification, acceptance, approval or accession.
-As amended by Protocol No 1 04.11.93 article 20 1. each State signing this Convention or of ratification, acceptance, approval or accession, may specify the territory or territories to which this Convention applies.
2. each State may at any time by notification addressed to the Secretary General of the Council of Europe to extend this Convention to any other territory specified in the notice. With regard to this territory Convention shall enter into force on the first day of the fourth month following the date of notification by the Secretary-General received.
3. Each notice drawn up in accordance with this article, part 1 and 2 in respect of any territory specified in the notice, may be terminated by sending notification addressed to the Secretary-General. Such nullification effect on the first day of the fourth month following the date of notification by the Secretary-General received.
-As amended by Protocol No 1 04.11.93 article 21 in relation to the provisions of the Convention cannot be subject to no objections.
Article 22 1 Any party may denounce this Convention at any time by notification addressed to the Secretary General of the Council of Europe.
2. Such denunciation shall take effect on the first day of the thirteenth month of the date on which the Secretary-General of the notification.
Article 23 the Secretary General of the Council of Europe shall notify the Member States of the Council of Europe and any State which is not a Member State of the Council of Europe, but there is a member of the Convention: a. any signature;
b. each document that is submitted for ratification, acceptance, approval or accession;
c. each time when this Convention enters into force in accordance with articles 19 and 20;
d. any other Act, notification or correspondence relating to the Convention, except for the activities carried out in accordance with article 8 and 10.
-As amended by Protocol No 1 04.11.93 Confirm the above, the undersigned, duly authorised to it and, have signed this Convention.
   Signed in Strasbourg on 26 November 1987, in English and French, both texts being equally authentic, in a single copy which shall 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.
 
Annex to the privileges and immunities (article 16).
1. feedback for the members of the Committee should be considered as well as comments on article 7 referred to in part 2 of the experts.
2. Members of the Committee, in carrying out its functions, as well as visits have the following privileges and immunities: (a) immunity against arrest or detention or seizure of personal baggage, immunity in respect of words spoken and written by him and all the activities that they have carried out as officials immunity from legal process of any kind;

b. exemption from any restrictions that might be used against the freedom of movement of their departure from their country of residence and return to it, and when entering and leaving the country where they perform their functions, and exemption from registration of aliens in the country which they are visiting or through which they are driven to perform its functions.
3. the journey time to perform its functions, the Committee members of the Customs and currency control matters: a. must be guaranteed their own Government-such relief, which are assigned to senior public officials go abroad temporarily official visit;
b. other Governments of the parties-such relief, which are granted to representatives of foreign Governments who are in temporary official visit.
4. the Committee's documents and correspondence for the comparable status in so far as it relates to the activities of the Committee, shall be inviolable.
The Committee's official correspondence and other communications shall not be delayed or subject to censorship.
5. Members of the Committee To ensure full freedom of speech and complete independence in carrying out their duties, it is necessary to provide immunity against any prosecution in respect of words spoken or written and done, in the performance of their duties, despite the fact that the persons concerned are no longer engaged in such duties.
   6. the privileges and immunities are granted to the members of the Committee rather than their personal benefit but to ensure their independent function. The Committee only has the right to deprive its members of immunity; It is not only the right but also the duty to take away the immunity of one of its members in cases where, in accordance with the Committee's opinion, the immunity would impede justice, and, by subtracting the would not be detrimental to the purpose for which the immunity is accorded.
 
Protocol No 1 to the European Convention for the prevention of torture and inhuman or degrading treatment or punishment of the Council of Europe Member States which have signed this Protocol to the European Convention For the prevention of torture and inhuman or degrading treatment or punishment ", signed on 26 November 1987 in Strasbourg, (hereinafter referred to as the Convention), taking the view that countries which are not Member States of the Council of Europe at the invitation of the Committee of Ministers is to be allowed to accede to the Convention, have agreed as follows Article 1 of the Convention: article 5, paragraph 1 should be supplemented with the following at the bottom: "If the Committee should elect a member from a State which is not a Member State of the Council of Europe Consultative Assembly Office must invite the national Parliament to put forward three candidates, of whom at least two must be its citizens. The elections must take place in the Committee of Ministers following negotiations with the party concerned. "
2. Article 12 of the Convention to make the article as follows: "in accordance with article 11 of the rules of confidentiality, the Committee each year on its activities to be submitted to the Committee of Ministers a general message that must be sent to the Consultative Assembly and to any State which is not a Member State of the Council of Europe, but which are parties to the Convention and to notify the public."
3. Article 18 of the Convention, article text becomes part 1 of this article and is added to the second paragraph the following: "(2) the Committee of Ministers of the Council of Europe may invite any State which is not a Member State of the Council of Europe to accede to the Convention."
Article 4 of the Convention, article 19, part 2, the word "participation"-is deleted and the words "or approval" shall be replaced by "approval or accession".
Article 5 of the Convention, article 20 in part 1 of the words "or approval" shall be replaced by "approval or accession".
6. Article 1. Article 23 of the Convention, to make the introductory sentence as follows: "the Secretary-General of the Council of Europe shall notify the Member States of the Council of Europe and any State which is not a Member State of the Council of Europe, but there is a member of the Convention:" 2. Article 23 of the Convention, paragraph (b), the words "or approval" shall be replaced by "approval or accession".
7. Article 1 this Protocol shall be open for signature by the Member States of the Council of Europe which have signed the Convention expresses its consent to be bound: (a) by signing it without objection for ratification, acceptance or approval;
(b) by signing it and when ratifying, accepting or approving, followed by ratification, acceptance or approval.
2. instruments of ratification, acceptance or approval must be submitted to the Secretary-General of the Council of Europe.
Article 8 this Protocol shall enter into force on the first day of the fourth month of the date when all the parties that have signed this Convention, have expressed their consent to be bound by the terms of the Protocol, in accordance with the provisions of article 7.
Article 9 the Secretary-General of the Council of Europe shall notify the Member States of the Council of Europe of: a. any signature;
b. every document that is submitted for ratification, acceptance or approval;
c. the date of entry into force of the Protocol in accordance with article 8;
d. any other decision, the application or notification concerning this Protocol.
Stating the above, the undersigned, duly authorised to it and people have signed this Protocol.
   Signed in 1993, Strasbourg, 4 November, in English and French, both texts being equally authentic, in a single copy which shall 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.
 
Protocol No 2 to the European Convention for the prevention of torture and inhuman or degrading treatment or punishment States which have signed this Protocol to the European Convention For the prevention of torture and inhuman or degrading treatment or punishment ", signed on 26 November 1987 in Strasbourg, (hereinafter referred to as the Convention), the European Committee convinced about torture or inhuman and degrading treatment (hereinafter-the Committee) members of the usefulness of his re-election;
Considering the need to set out the modalities for participation in the reconstruction Committee, have agreed as follows: article 1 1. Make part 3 of article 5 of the second sentence as follows: "they can be re-elected twice."
2. Article 5 of the Convention should be supplemented with the following part 4 and 5: "(4) in order to ensure where possible that half of the composition of the members of the Committee changes every two years, the Committee of Ministers before the next election may decide that the term or terms to one or more members may be elected for four years, but it may not be longer than six and less than two years."
"(5) in cases where more than one term of Office, and when the Committee of Ministers shall apply this article, part 4, term to find out by drawing lots by the Secretary General immediately after the election of members."
1. Article 2 this Protocol shall be open for signature by countries which have signed or acceded to the Convention expressed their consent to be bound: (a) by signing it without objection for ratification, acceptance or approval;
b. with the caption, which is subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.
2. instruments of ratification, acceptance or approval must be submitted to the Secretary-General of the Council of Europe.
Article 3 this Protocol shall enter into force on the first day of the fourth month of the date on which all parties to the Convention have expressed their desire to treat it as binding under the conditions laid down in article 2.
Article 4 the Secretary-General of the Council of Europe shall notify the Member States of the Council of Europe and other countries that are parties to the Convention of: a. any signature;
b. every document that is submitted for ratification, acceptance or approval;
(c) the entry into force of this Protocol the date in accordance with article 3;
d. any other decision, the application or notification concerning this Protocol.
Stating the above, the undersigned, duly authorised to it and, for that purpose, have signed this Protocol.
Signed in 1993, Strasbourg, 4 November, in English and French, both texts being equally authentic, in a single copy which shall 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.