Key Benefits:
Original text
(State on 12 April 2013)
The member States of the Council of Europe, signatories to this Convention,
Having regard to the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms 2 ;
Recalling that under s. 3 of the same Convention, "no one shall be subjected to torture or to inhuman or degrading treatment or punishment";
Finding that persons claiming to be victims of violations of s. 3 may avail themselves of the mechanism provided for by this Convention;
Convinced that the protection of persons deprived of their liberty against torture and inhuman or degrading treatment or punishment could be strengthened by a non-judicial, preventive mechanism, based on visits,
Agreed to the following:
A European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment is hereby established (hereinafter referred to as "the Committee"). Through visits, the Committee examines the treatment of persons deprived of their liberty with a view to strengthening their protection against torture and inhuman or degrading treatment or punishment.
Each Party shall authorise the visit, in accordance with this Convention, of any place within its jurisdiction where persons are deprived of their liberty by a public authority.
The Committee and the competent national authorities of the Party concerned shall cooperate for the implementation of this Convention.
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 character, known for their competence in the field of human rights or having professional experience in the fields covered by this Convention.
3. The Committee shall not include more than one national of the same State.
4. Members shall serve on an individual basis, shall be independent and impartial in the exercise of their mandates and shall make themselves available to carry out their duties effectively.
The members of the Committee shall be elected by the Committee of Ministers of the Council of Europe by an absolute majority of votes, on a list of names prepared by the Bureau of the Consultative Assembly of the Council of Europe; the national delegation to the Assembly Each Party shall present three candidates, at least two of whom are of its nationality.
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. 1
2. The same procedure is followed to fill vacancies.
The members of the Committee shall be elected for a term of four years. They are eligible for re-election twice. 2 However, with respect to the members designated in the first election, the functions of three members shall expire at the end of a two-year period. Members whose duties expire at the end of the initial two-year period shall be appointed by drawing of lots by the Secretary General of the Council of Europe immediately after the first election has been made.
4. In order to ensure, to the extent possible, the renewal of one half of the Committee every two years, the Committee of Ministers may, before proceeding to any subsequent election, decide that one or more mandates of members to be elected shall have a duration Other than four years, but this period may not exceed six years or be less than two years. 3
5. In the case where several terms of reference are to be conferred and when the Committee of Ministers applies the preceding paragraph, the distribution of the terms of office shall be effected by a drawing of lots by the Secretary General of the Council of Europe, immediately after the election. 4
1 Al. Introduced by art. 1 prot. N O 1 of 4 Nov 1993, in force since 1 Er March 2002 ( RO 2003 2581 ).
2 New wording of the sentence according to Art. 1 ch. 1 prot. N O 2 of 4 Nov 1993, in force since 1 Er March 2002 ( RO 2003 2584 ).
3 Introduced by Art. 1 ch. 2 prot. N O 1 of 4 Nov 1993, in force since 1 Er March 2002 ( RO 2003 2584 ).
4 Introduced by Art. 1 ch. 2 prot. N O 1 of 4 Nov 1993, in force since 1 Er March 2002 ( RO 2003 2584 ).
1. The Committee shall sit in camera. A majority of its members shall constitute a quorum. The decisions of the Committee shall be taken by a majority of the members present, subject to the provisions of Art. 10, para. 2.
2. The Committee shall establish its rules of procedure.
The Secretariat of the Committee shall be provided by the Secretary General of the Council of Europe.
The Committee shall organise a visit to the places referred to in Art. 2. In addition to periodic visits, the Committee may arrange for any other visit to be required by the circumstances.
2. Visits are normally carried out by at least two members of the Committee. The latter may, if it considers it necessary, be assisted by experts and interpreters.
The Committee shall notify the Government of the Party concerned of its intention to make a visit. Following such notification, the Committee is entitled to visit, at any time, the places referred to in Art. 2.
2. A Party shall provide the Committee with the following facilities for the performance of its task:
3. The Committee may speak without a witness with persons deprived of their liberty.
4. The Committee may come into contact freely with any person whom it believes may provide useful information to the Committee.
5. Where appropriate, the Committee shall forthwith communicate the observations to the competent authorities of the Party concerned.
In exceptional circumstances, the competent authorities of the Party concerned may make the Committee aware of their objections to the visit at the time envisaged by the Committee or at the place determined that the Committee intends to visit. Such objections may be made only on grounds of national defence or public security or because of serious disturbances in places where persons are deprived of liberty, of the health of a person or of interrogation In an ongoing investigation in relation to a serious criminal offence.
2. Following such objections, the Committee and the Party shall consult immediately in order to clarify the situation and to reach agreement on provisions allowing the Committee to carry out its functions as quickly as possible. These provisions may include the transfer to another location of any person whom the Committee intends to visit. Until the visit can take place, the Party shall provide the Committee with information on any person concerned.
After each visit, the Committee shall draw up a report on the facts found on the occasion of the visit taking into account any observations submitted by the Party concerned. It shall transmit to the latter its report containing the recommendations it considers necessary. The Committee may enter into consultation with Parity with a view to suggesting, where appropriate, improvements in the protection of persons deprived of their liberty.
2. If the Party does not cooperate or refuses to improve the situation in the light of the Committee's recommendations, the Committee may decide, by a two-thirds majority of its members, after the Party has had the opportunity to explain itself, to Public statement on this subject.
The information gathered by the Committee on the occasion of a visit, its report and consultations with the Party concerned shall be confidential.
2. The Committee shall publish its report and any comments made by the Party concerned, when requested to do so.
3. However, no personal data shall be made public without the explicit consent of the person concerned.
Each year, the Committee shall submit to the Committee of Ministers, taking into account the rules of confidentiality provided for in Art. 11, a general report on its activities, which is transmitted to the Consultative Assembly, as well as to any non-member state of the Council of Europe party to the Convention, and made public.
1 New content according to Art. 2 prot. N O 1 of 4 Nov 1993, in force since 1 Er March 2002 ( RO 2003 2581 ).
The members of the Committee, the experts and other persons who assist the Committee shall be subject, during their term of office and after its expiry, to the obligation to keep secret the facts or information of which they are aware in the performance of their Functions.
1. The names of the persons assisting the Committee shall be indicated in the notification under Art. 8, para. 1.
2. The experts shall act on the instructions and under the responsibility of the Committee. They shall have the competence and experience specific to the matters covered by this Convention and shall be bound by the same obligations of independence, impartiality and availability as the members of the Committee.
(3) Exceptionally, a Party may declare that an expert or other person assisting the Committee may not be admitted to participate in the visit of a place within its jurisdiction.
Each Party shall communicate to the Committee the name and address of the competent authority to receive notifications to its Government and those of any liaison officers it may have designated.
The Committee, its members and the experts referred to in Art. 7, para. 2, shall enjoy the privileges and immunities provided for in the Annex to this Convention.
(1) This Convention shall not affect the provisions of domestic law or international agreements that provide greater protection to persons deprived of their liberty.
2. Nothing in this Convention shall be construed as limiting or derogating from the powers of the bodies of the European Convention on Human Rights 1 Or the obligations assumed by the Parties under this Convention.
3. The Committee will not visit places where representatives or delegates of protective powers or the International Committee of the Red Cross visit effectively and regularly under the Geneva Conventions of 12 August 1949 2 And their Additional Protocols of 8 June 1977 3 .
This Convention shall be open for signature by the member States of the Council of Europe. It will be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
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. 1
1 Introduced by Art. 3 of prot. N O 1 of 4 Nov 1993, in force since 1 Er March 2002 ( RO 2003 2581 ).
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 Pursuant to the provisions of s. 18.
2. For any state ... 1 Which subsequently expresses its consent to be bound by the Convention, it shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of ratification, acceptance Approval or accession 2 .
1 Word deleted by art. 4 of prot. N O 1 of 4 Nov 1993 ( RO 2003 2581 ).
2 New words under s. 4 of prot. N O 1 of 4 Nov 1993, in force since 1 Er March 2002 ( RO 2003 2581 ).
1. Any State may, at the time of signature or at the time of the deposit of its instrument of ratification, acceptance of approval or accession 1 , designate the territory or territories to which this Convention shall apply.
2. Any State may, at any other time thereafter, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory designated in the declaration. The Convention shall enter into force in respect of that territory on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary General.
(3) Any declaration made under the two preceding paragraphs may be withdrawn, in respect of any territory designated in that declaration, by notification addressed to the Secretary General. The withdrawal shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.
1 New words under s. 5 prot. N O 1 of 4 Nov 1993, in force since 1 Er March 2002 ( RO 2003 2581 ).
No reservation shall be made to the provisions of this Convention.
1. Any Party may, at any time, denounce this Convention by sending a notification to the Secretary General of the Council of Europe.
(2) Denunciation shall take effect 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.
The Secretary General of the Council of Europe will notify the member states and any non-member state of the Council of Europe party to the Convention: 1
In witness whereof, The undersigned, duly authorized to that effect, have signed this Convention.
Done at 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.
(Suivent signatures)
1 New content according to Art. 6 hp. 1 prot. N O 1 of 4 Nov 1993, in force since 1 Er March 2002 ( RO 2003 2581 ).
2 New words under s. 6 hp. 2 prot. N O 1 of 4 Nov 1993, in force since 1 Er March 2002 ( RO 2003 2581 ).
(art. 16)
For the purposes of this Annex, references to Committee members shall include the experts referred to in Art. 7, para. 2.
2. Members of the Committee shall enjoy the following privileges and immunities during the performance of their duties as well as during the course of their duties:
In the course of travel in the performance of their duties, the members of the Committee shall be granted, in respect of customs and foreign exchange controls:
4. The documents and papers of the Committee shall be inviolable, insofar as they relate to the activities of the Committee.
Official correspondence and other official communications of the Committee cannot be withheld or censored.
5. In order to provide members of the Committee with complete freedom of speech and complete independence in the performance of their duties, immunity from jurisdiction in respect of words or writings or acts emanating from them in The performance of their duties will continue to be granted even after the term of office of those persons has been terminated.
6. Privileges and immunities are granted to the members of the Committee, not for their personal benefit, but for the purpose of ensuring independence in the exercise of their functions. The Committee has the sole right to waive immunities; it not only has the right, but the duty to waive the immunity of one of its members in all cases where, in its view, immunity would prevent justice being done and where immunity may be waived. Be lifted without prejudice to the purpose for which it is granted.
| States Parties |
Ratification Signature without reservation of ratification (If) Declaration of succession (S) |
Entry into force |
||
| Albania |
2 October |
1996 |
1 Er February |
1997 |
| Germany |
21 February |
1990 |
1 Er June |
1990 |
| Andorra |
6 January |
1997 |
1 Er May |
1997 |
| Armenia A |
18 June |
2002 |
1 Er October |
2002 |
| Austria |
6 January |
1989 |
1 Er May |
1989 |
| Azerbaijan A * |
15 April |
2002 |
1 Er August |
2002 |
| Belgium |
July 23 |
1991 |
1 Er November |
1991 |
| Bosnia and Herzegovina A |
July 12 |
2002 |
1 Er November |
2002 |
| Bulgaria |
3 May |
1994 |
1 Er September |
1994 |
| Cyprus |
3 April |
1989 |
1 Er August |
1989 |
| Croatia |
11 October |
1997 |
1 Er February |
1998 |
| Denmark |
2 May |
1989 |
1 Er September |
1989 |
| Spain |
2 May |
1989 |
1 Er September |
1989 |
| Estonia |
6 November |
1996 |
1 Er March |
1997 |
| Finland |
20 December |
1990 If |
1 Er April |
1991 |
| France |
9 January |
1989 |
1 Er May |
1989 |
| Georgia * |
20 June |
2000 |
1 Er October |
2000 |
| Greece |
2 August |
1991 |
1 Er December |
1991 |
| Hungary |
4 November |
1993 Si |
1 Er March |
1994 |
| Ireland |
March 14 |
1968 |
1 Er February |
1989 |
| Iceland |
19 June |
1990 |
1 Er October |
1990 |
| Italy * |
29 December |
1988 |
1 Er April |
1989 |
| Latvia |
10 February |
1998 |
1 Er June |
1998 |
| Liechtenstein |
12 September |
1991 |
1 Er January |
1992 |
| Lithuania |
26 November |
1998 |
1 Er March |
1999 |
| Luxembourg |
September 6 |
1988 |
1 Er February |
1989 |
| Macedonia |
6 June |
1997 |
1 Er October |
1997 |
| Malta |
7 March |
1988 If |
1 Er February |
1989 |
| Moldova |
2 October |
1997 |
1 Er February |
1998 |
| Monaco A |
30 November |
2005 |
1 Er March |
2006 |
| Montenegro A |
6 June |
2006 S |
6 June |
2006 |
| Norway |
April 21 |
1989 If |
1 Er August |
1989 |
| Netherlands B |
12 October |
1988 |
1 Er February |
1989 |
| Netherlands Antilles |
12 October |
1988 |
1 Er February |
1989 |
| Aruba |
12 October |
1988 |
1 Er February |
1989 |
| Curaçao |
12 October |
1988 |
1 Er February |
1989 |
| Caribbean (Bonaire, Sint Eustatius and Saba) |
12 October |
1988 |
1 Er February |
1989 |
| Sint Maarten |
12 October |
1988 |
1 Er February |
1989 |
| Poland |
10 October |
1994 |
1 Er February |
1995 |
| Portugal |
March 29 |
1990 |
1 Er July |
1990 |
| Czech Republic |
7 September |
1995 |
1 Er January |
1996 |
| Romania |
4 October |
1994 |
1 Er February |
1995 |
| United Kingdom |
24 June |
1988 |
1 Er February |
1989 |
| Gibraltar |
September 5 |
1988 |
1 Er February |
1989 |
| Guernsey |
8 November |
1994 |
1 Er March |
1995 |
| Isle of Man |
24 June |
1988 |
1 Er February |
1989 |
| Jersey, |
24 June |
1988 |
1 Er February |
1989 |
| Russia |
5 May |
1998 |
1 Er September |
1998 |
| San Marino |
31 January |
1990 |
1 Er May |
1990 |
| Serbia A |
3 March |
2004 |
1 Er July |
2004 |
| Slovakia |
11 May |
1994 |
1 Er September |
1994 |
| Slovenia |
2 February |
1994 |
1 Er June |
1994 |
| Sweden |
21 June |
1988 If |
1 Er February |
1989 |
| Switzerland |
7 October |
1988 If |
1 Er February |
1989 |
| Turkey |
26 February |
1988 |
1 Er February |
1989 |
| Ukraine |
5 May |
1997 |
1 Er September |
1997 |
| * |
Statements, see below. |
|||
| A |
Ratification applies to the Convention as amended by Protocols 1 and 2. |
|||
| B |
For the Kingdom in Europe. |
|||
Azerbaijan
The Republic of Azerbaijan declares that it is not in a position to guarantee the implementation of the provisions of the Convention in the territories occupied by the Republic of Armenia until such time as those territories are released from that occupation.
Georgia
Georgia declares that it will not be responsible for the violations of the provisions of the Convention and the security of the members of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment on the Territories Of Abkhazia and the Tskhinval region until the territorial integrity of Georgia is restored and the full and effective control of these territories is exercised by the legitimate authorities.
Italy
The Italian Government states that s. 2 (a) of the Annex on Privileges and Immunities could not be interpreted as excluding any police or customs control over the baggage of the members of the Committee, provided that the control is carried out in accordance with the rules of confidentiality provided for Art. 11 of the Convention.
1 RO 1989 150 2342, 1991 814, 1992 804, 2003 370, 2006 2969, 2010 781, 2013 1233. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).
