Adopted on 18 December 2002 at the fifty-seventh session of the
General Assembly of the United Nations by resolution
A/RES/57/199.
PREAMBLE
The States Parties to the present Protocol,
Reaffirming that torture and other cruel, inhuman or degrading treatment or punishment are
prohibited and constitute serious violations of human rights,
Convinced that further measures are necessary to achieve the purposes of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter
referred to as the Convention) and to strengthen the protection of persons deprived of their
liberty against torture and other cruel, inhuman or degrading treatment or punishment,
Recalling that articles 2 and 16 of the Convention oblige each State Party to take effective
measures to prevent acts of torture and other cruel, inhuman or degrading treatment or
punishment in any territory under its jurisdiction,
Recognizing that States have the primary responsibility for implementing those articles, that
strengthening the protection of people deprived of their liberty and the full respect for their
human rights is a common responsibility shared by all and that international implementing
bodies complement and strengthen national measures,
Recalling that the effective prevention of torture and other cruel, inhuman or degrading
treatment or punishment requires education and a combination of various legislative,
administrative, judicial and other measures,
Recalling also that the World Conference on Human Rights firmly declared that efforts to
eradicate torture should first and foremost be concentrated on prevention and called for the
adoption of an optional protocol to the Convention, intended to establish a preventive system
of regular visits to places of detention,
Convinced that the protection of persons deprived of their liberty against torture and other
cruel, inhuman or degrading treatment or punishment can be strengthened by non-judicial
means of a preventive nature, based on regular visits to places of detention, Have agreed as
follows:
PART I
General principles
Article 1
The objective of the present Protocol is to establish a system of regular visits undertaken by
independent international and national bodies to places where people are deprived of their
liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or
punishment.
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Article 2
1. A Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment of the Committee against Torture (hereinafter referred to as the
Subcommittee on Prevention) shall be established and shall carry out the functions laid down
in the present Protocol.
2. The Subcommittee on Prevention shall carry out its work within the framework of the
Charter of the United Nations and shall be guided by the purposes and principles thereof, as
well as the norms of the United Nations concerning the treatment of people deprived of their
liberty.
3. Equally, the Subcommittee on Prevention shall be guided by the principles of confidentiality,
impartiality, non-selectivity, universality and objectivity.
4. The Subcommittee on Prevention and the States Parties shall cooperate in the
implementation of the present Protocol.
Article 3
Each State Party shall set up, designate or maintain at the domestic level one or several
visiting bodies for the prevention of torture and other cruel, inhuman or degrading treatment
or punishment (hereinafter referred to as the national preventive mechanism).
Article 4
1. Each State Party shall allow visits, in accordance with the present Protocol, by the
mechanisms referred to in articles 2 and 3 to any place under its jurisdiction and control
where persons are or may be deprived of their liberty, either by virtue of an order given by a
public authority or at its instigation or with its consent or acquiescence (hereinafter referred to
as places of detention). These visits shall be undertaken with a view to strengthening, if
necessary, the protection of these persons against torture and other cruel, inhuman or
degrading treatment or punishment.
2. For the purposes of the present Protocol, deprivation of liberty means any form of detention
or imprisonment or the placement of a person in a public or private custodial setting which
that person is not permitted to leave at will by order of any judicial, administrative or other
authority.
PART II
Subcommittee on Prevention
Article 5
1. The Subcommittee on Prevention shall consist of ten members. After the fiftieth ratification
of or accession to the present Protocol, the number of the members of the Subcommittee on
Prevention shall increase to twenty-five.
2. The members of the Subcommittee on Prevention shall be chosen from among persons of
high moral character, having proven professional experience in the field of the administration
of justice, in particular criminal law, prison or police administration, or in the various fields
relevant to the treatment of persons deprived of their liberty.
3. In the composition of the Subcommittee on Prevention due consideration shall be given to
equitable geographic distribution and to the representation of different forms of civilization and
legal systems of the States Parties.
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4. In this composition consideration shall also be given to balanced gender representation on
the basis of the principles of equality and non-discrimination.
5. No two members of the Subcommittee on Prevention may be nationals of the same State.
6. The members of the Subcommittee on Prevention shall serve in their individual capacity,
shall be independent and impartial and shall be available to serve the Subcommittee on
Prevention efficiently.
Article 6
1. Each State Party may nominate, in accordance with paragraph 2 of the present article, up
to two candidates possessing the qualifications and meeting the requirements set out in article
5, and in doing so shall provide detailed information on the qualifications of the nominees.
2.
(a) The nominees shall have the nationality of a State Party to the present Protocol;
(b) At least one of the two candidates shall have the nationality of the nominating State Party;
(c) No more than two nationals of a State Party shall be nominated;
(d) Before a State Party nominates a national of another State Party, it shall seek and obtain
the consent of that State Party.
3. At least five months before the date of the meeting of the States Parties during which the
elections will be held, the Secretary-General of the United Nations shall address a letter to the
States Parties inviting them to submit their nominations within three months. The Secretary-
General shall submit a list, in alphabetical order, of all persons thus nominated, indicating the
States Parties that have nominated them.
Article 7
1. The members of the Subcommittee on Prevention shall be elected in the following manner:
(a) Primary consideration shall be given to the fulfilment of the requirements and criteria of
article 5 of the present Protocol;
(b) The initial election shall be held no later than six months after the entry into force of the
present Protocol;
(c) The States Parties shall elect the members of the Subcommittee on Prevention by secret
ballot;
(d) Elections of the members of the Subcommittee on Prevention shall be held at biennial
meetings of the States Parties convened by the Secretary-General of the United Nations. At
those meetings, for which two thirds of the States Parties shall constitute a quorum, the
persons elected to the Subcommittee on Prevention shall be those who obtain the largest
number of votes and an absolute majority of the votes of the representatives of the States
Parties present and voting.
2. If during the election process two nationals of a State Party have become eligible to serve
as members of the Subcommittee on Prevention, the candidate receiving the higher number of
votes shall serve as the member of the Subcommittee on Prevention. Where nationals have
received the same number of votes, the following procedure applies:
(a) Where only one has been nominated by the State Party of which he or she is a national,
that national shall serve as the member of the Subcommittee on Prevention;
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(b) Where both candidates have been nominated by the State Party of which they are
nationals, a separate vote by secret ballot shall be held to determine which national shall
become the member;
(c) Where neither candidate has been nominated by the State Party of which he or she is a
national, a separate vote by secret ballot shall be held to determine which candidate shall be
the member.
Article 8
If a member of the Subcommittee on Prevention dies or resigns, or for any cause can no
longer perform his or her duties, the State Party that nominated the member shall nominate
another eligible person possessing the qualifications and meeting the requirements set out in
article 5, taking into account the need for a proper balance among the various fields of
competence, to serve until the next meeting of the States Parties, subject to the approval of
the majority of the States Parties. The approval shall be considered given unless half or more
of the States Parties respond negatively within six weeks after having been informed by the
Secretary-General of the United Nations of the proposed appointment.
Article 9
The members of the Subcommittee on Prevention shall be elected for a term of four years.
They shall be eligible for re-election once if renominated. The term of half the members
elected at the first election shall expire at the end of two years; immediately after the first
election the names of those members shall be chosen by lot by the Chairman of the meeting
referred to in article 7, paragraph 1 ( d).
Article 10
1. The Subcommittee on Prevention shall elect its officers for a term of two years. They may
be re-elected.
2. The Subcommittee on Prevention shall establish its own rules of procedure. These rules
shall provide, inter alia, that:
(a) Half the members plus one shall constitute a quorum;
(b) Decisions of the Subcommittee on Prevention shall be made by a majority vote of the
members present;
(c) The Subcommittee on Prevention shall meet in camera.
3. The Secretary-General of the United Nations shall convene the initial meeting of the
Subcommittee on Prevention. After its initial meeting, the Subcommittee on Prevention shall
meet at such times as shall be provided by its rules of procedure. The Subcommittee on
Prevention and the Committee against Torture shall hold their sessions simultaneously at least
once a year.
PART III
Mandate of the Subcommittee on Prevention
Article 11
1. The Subcommittee on Prevention shall:
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(a) Visit the places referred to in article 4 and make recommendations to States Parties
concerning the protection of persons deprived of their liberty against torture and other cruel,
inhuman or degrading treatment or punishment;
(b) In regard to the national preventive mechanisms:
(i) Advise and assist States Parties, when necessary, in their establishment;
(ii) Maintain direct, and if necessary confidential, contact with the national preventive
mechanisms and offer them training and technical assistance with a view to strengthening
their capacities;
(iii) Advise and assist them in the evaluation of the needs and the means necessary to
strengthen the protection of persons deprived of their liberty against torture and other cruel,
inhuman or degrading treatment or punishment;
(iv) Make recommendations and observations to the States Parties with a view to
strengthening the capacity and the mandate of the national preventive mechanisms for the
prevention of torture and other cruel, inhuman or degrading treatment or punishment;
(c) Cooperate, for the prevention of torture in general, with the relevant United Nations organs
and mechanisms as well as with the international, regional and national institutions or
organizations working towards the strengthening of the protection of all persons against
torture and other cruel, inhuman or degrading treatment or punishment.
Article 12
In order to enable the Subcommittee on Prevention to comply with its mandate as laid down in
article 11, the States Parties undertake:
(a) To receive the Subcommittee on Prevention in their territory and grant it access to the
places of detention as defined in article 4 of the present Protocol;
(b) To provide all relevant information the Subcommittee on Prevention may request to
evaluate the needs and measures that should be adopted to strengthen the protection of
persons deprived of their liberty against torture and other cruel, inhuman or degrading
treatment or punishment;
(c) To encourage and facilitate contacts between the Subcommittee on Prevention and the
national preventive mechanisms;
(d) To examine the recommendations of the Subcommittee on Prevention and enter into
dialogue with it on possible implementation measures.
Article 13
1. The Subcommittee on Prevention shall establish, at first by lot, a programme of regular
visits to the States Parties in order to fulfil its mandate as established in article 11.
2. After consultations, the Subcommittee on Prevention shall notify the States Parties of its
programme in order that they may, without delay, make the necessary practical arrangements
for the visits to be conducted.
3. The visits shall be conducted by at least two members of the Subcommittee on Prevention.
These members may be accompanied, if needed, by experts of demonstrated professional
experience and knowledge in the fields covered by the present Protocol who shall be selected
from a roster of experts prepared on the basis of proposals made by the States Parties, the
Office of the United Nations High Commissioner for Human Rights and the United Nations
Centre for International Crime Prevention. In preparing the roster, the States Parties
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concerned shall propose no more than five national experts. The State Party concerned may
oppose the inclusion of a specific expert in the visit, whereupon the Subcommittee on
Prevention shall propose another expert.
4. If the Subcommittee on Prevention considers it appropriate, it may propose a short followup
visit after a regular visit.
Article 14
1. In order to enable the Subcommittee on Prevention to fulfil its mandate, the States Parties
to the present Protocol undertake to grant it:
(a) Unrestricted access to all information concerning the number of persons deprived of their
liberty in places of detention as defined in article 4, as well as the number of places and their
location;
(b) Unrestricted access to all information referring to the treatment of those persons as well as
their conditions of detention;
(c) Subject to paragraph 2 below, unrestricted access to all places of detention and their
installations and facilities;
(d) The opportunity to have private interviews with the persons deprived of their liberty
without witnesses, either personally or with a translator if deemed necessary, as well as with
any other person who the Subcommittee on Prevention believes may supply relevant
information;
(e) The liberty to choose the places it wants to visit and the persons it wants to interview.
2. Objection to a visit to a particular place of detention may be made only on urgent and
compelling grounds of national defence, public safety, natural disaster or serious disorder in
the place to be visited that temporarily prevent the carrying out of such a visit. The existence
of a declared state of emergency as such shall not be invoked by a State Party as a reason to
object to a visit.
Article 15
No authority or official shall order, apply, permit or tolerate any sanction against any person
or organization for having communicated to the Subcommittee on Prevention or to its
delegates any information, whether true or false, and no such person or organization shall be
otherwise prejudiced in any way.
Article 16
1. The Subcommittee on Prevention shall communicate its recommendations and observations
confidentially to the State Party and, if relevant, to the national preventive mechanism.
2. The Subcommittee on Prevention shall publish its report, together with any comments of
the State Party concerned, whenever requested to do so by that State Party. If the State Party
makes part of the report public, the Subcommittee on Prevention may publish the report in
whole or in part. However, no personal data shall be published without the express consent of
the person concerned.
3. The Subcommittee on Prevention shall present a public annual report on its activities to the
Committee against Torture.
4. If the State Party refuses to cooperate with the Subcommittee on Prevention according to
articles 12 and 14, or to take steps to improve the situation in the light of the
recommendations of the Subcommittee on Prevention, the Committee against Torture may, at
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the request of the Subcommittee on Prevention, decide, by a majority of its members, after
the State Party has had an opportunity to make its views known, to make a public statement
on the matter or to publish the report of the Subcommittee on Prevention.
PART IV
National preventive mechanisms
Article 17
Each State Party shall maintain, designate or establish, at the latest one year after the entry
into force of the present Protocol or of its ratification or accession, one or several independent
national preventive mechanisms for the prevention of torture at the domestic level.
Mechanisms established by decentralized units may be designated as national preventive
mechanisms for the purposes of the present Protocol if they are in conformity with its
provisions.
Article 18
1. The States Parties shall guarantee the functional independence of the national preventive
mechanisms as well as the independence of their personnel.
2. The States Parties shall take the necessary measures to ens ure that the experts of the
national preventive mechanism have the required capabilities and professional knowledge.
They shall strive for a gender balance and the adequate representation of ethnic and minority
groups in the country.
3. The States Parties undertake to make available the necessary resources for the functioning
of the national preventive mechanisms.
4. When establishing national preventive mechanisms, States Parties shall give due
consideration to the Principles relating to the status of national institutions for the promotion
and protection of human rights.
Article 19
The national preventive mechanisms shall be granted at a minimum the power:
(a) To regularly examine the treatment of the persons deprived of their liberty in places of
detention as defined in article 4, with a view to strengthening, if necessary, their protection
against torture and other cruel, inhuman or degrading treatment or punishment;
(b) To make recommendations to the relevant authorities with the aim of improving the
treatment and the conditions of the persons deprived of their liberty and to prevent torture
and other cruel, inhuman or degrading treatment or punishment, taking into consideration the
relevant norms of the United Nations;
(c) To submit proposals and observations concerning existing or draft legislation.
Article 20
In order to enable the national preventive mechanisms to fulfil their mandate, the States
Parties to the present Protocol undertake to grant them:
(a) Access to all information concerning the number of persons deprived of their liberty in
places of detention as defined in article 4, as well as the number of places and their location;
(b) Access to all information referring to the treatment of those persons as well as their
conditions of detention;
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(c) Access to all places of detention and their installations and facilities;
(d) The opportunity to have private interviews with the persons deprived of their liberty
without witnesses, either personally or with a translator if deemed necessary, as well as with
any other person who the national preventive mechanism believes may supply relevant
information;
(e) The liberty to choose the places they want to visit and the persons they want to interview;
(f) The right to have contacts with the Subcommittee on Prevention, to send it information and
to meet with it.
Article 21
1. No authority or official shall order, apply, permit or tolerate any sanction against any person
or organization for having communicated to the national preventive mechanism any
information, whether true or false, and no such person or organization shall be otherwise
prejudiced in any way.
2. Confidential information collected by the national preventive mechanism shall be privileged.
No personal data shall be published without the express consent of the person concerned.
Article 22
The competent authorities of the State Party concerned shall examine the recommendations of
the national preventive mechanism and enter into a dialogue with it on possible
implementation measures.
Article 23
The States Parties to the present Protocol undertake to publish and disseminate the annual
reports of the national preventive mechanisms.
PART V
Declaration
Article 24
1. Upon ratification, States Parties may make a declaration postponing the implementation of
their obligations under either part III or part IV of the present Protocol.
2. This postponement shall be valid for a maximum of three years. After due representations
made by the State Party and after consultation with the Subcommittee on Pre vention, the
Committee against Torture may extend that period for an additional two years.
PART VI
Financial provisions
Article 25
1. The expenditure incurred by the Subcommittee on Prevention in the implementation of the
present Protocol shall be borne by the United Nations.
2. The Secretary-General of the United Nations shall provide the necessary staff and facilities
for the effective performance of the functions of the Subcommittee on Prevention under the
present Protocol.
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Article 26
1. A Special Fund shall be set up in accordance with the relevant procedures of the General
Assembly, to be administered in accordance with the financial regulations and rules of the
United Nations, to help finance the implementation of the recommendations made by the
Subcommittee on Prevention after a visit to a State Party, as well as education programmes of
the national preventive mechanisms.
2. The Special Fund may be financed through voluntary contributions made by Governments,
intergovernmental and non-governmental organizations and other private or public entities.
PART VII
Final provisions
Article 27
1. The present Protocol is open for signature by any State that has signed the Convention.
2. The present Protocol is subject to ratification by any State that has ratified or acceded to
the Convention. Instruments of ratification shall be deposited with the Secretary-General of
the United Nations.
3. The present Protocol shall be open to accession by any State that has ratified or acceded to
the Convention.
4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-
General of the United Nations.
5. The Secretary-General of the United Nations shall inform all States that have signed the
present Protocol or acceded to it of the deposit of each instrument of ratification or accession.
Article 28
1. The present Protocol shall enter into force on the thirtieth day after the date of deposit with
the Secretary-General of the United Nations of the twentieth instrument of ratification or
accession.
2. For each State ratifying the present Protocol or acceding to it after the deposit with the
Secretary-General of the United Nations of the twentieth instrument of ratification or
accession, the present Protocol shall enter into force on the thirtieth day after the date of
deposit of its own instrument of ratification or accession.
Article 29
The provisions of the present Protocol shall extend to all parts of federal States without any
limitations or exceptions.
Article 30
No reservations shall be made to the present Protocol.
Article 31
The provisions of the present Protocol shall not affect the obligations of States Parties under
any regional convention instituting a system of visits to places of detention. The
Subcommittee on Prevention and the bodies established under such regional conventions are
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encouraged to consult and cooperate with a view to avoiding duplication and promoting
effectively the objectives of the present Protocol.
Article 32
The provisions of the present Protocol shall not affect the obligations of States Parties to the
four Geneva Conventions of 12 August 1949 and the Additional Protocols thereto of 8 June
1977, nor the opportunity available to any State Party to authorize the International
Committee of the Red Cross to visit places of detention in situations not covered by
international humanitarian law.
Article 33
1. Any State Party may denounce the present Protocol at any time by written notification
addressed to the Secretary-General of the United Nations, who shall thereafter inform the
other States Parties to the present Protocol and the Convention. Denunciation shall take effect
one year after the date of receipt of the notification by the Secretary-General.
2. Such a denunciation shall not have the effect of releasing the St ate Party from its
obligations under the present Protocol in regard to any act or situation that may occur prior to
the date on which the denunciation becomes effective, or to the actions that the
Subcommittee on Prevention has decided or may decide to take with respect to the State
Party concerned, nor shall denunciation prejudice in any way the continued consideration of
any matter already under consideration by the Subcommittee on Prevention prior to the date
on which the denunciation becomes effective.
3. Following the date on which the denunciation of the State Party becomes effective, the
Subcommittee on Prevention shall not commence consideration of any new matter regarding
that State.
Article 34
1. Any State Party to the present Protocol may propose an amendment and file it with the
Secretary-General of the United Nations. The Secretary-General shall thereupon communicate
the proposed amendment to the States Parties to the present Protocol with a request that they
notify him whether they favour a conference of States Parties for the purpose of considering
and voting upon the proposal. In the event that within four months from the date of such
communication at least one third of the States Parties favour such a conference, the
Secretary-General shall convene the conference under the auspices of the United Nations. Any
amendment adopted by a majority of two thirds of the States Parties present and voting at the
conference shall be submitted by the Secretary-General of the United Nations to all States
Parties for acceptance.
2. An amendment adopted in accordance with paragraph 1 of the present article shall come
into force when it has been accepted by a two -thirds majority of the States Parties to the
present Protocol in accordance with their respective constitutional processes.
3. When amendments come into force, they shall be binding on those States Parties that have
accepted them, other States Parties still being bound by the provisions of the present Protocol
and any earlier amendment that they have accepted.
Article 35
Members of the Subcommittee on Prevention and of the national preventive mechanisms shall
be accorded such privileges and immunities as are necessary for the independent exercise of
their functions. Members of the Subcommittee on Prevention shall be accorded the privileges
and immunities specified in section 22 of the Convention on the Privileges and Immunities of
the United Nations of 13 February 1946, subject to the provisions of section 23 of that
Convention.
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Article 36
When visiting a State Party, the members of the Subcommittee on Prevention shall, without
prejudice to the provisions and purposes of the present Protocol and such privileges and
immunities as they may enjoy:
(a) Respect the laws and regulations of the visited State;
(b) Refrain from any action or activity incompatible with the impartial and international nature
of their duties.
Article 37
1. The present Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish
texts are equally authentic, shall be deposited with the Secretary-General of the United
Nations.
2. The Secretary-General of the United Nations shall transmit certified copies of the present
Protocol to all States.
