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Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
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[
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ARTICLE-4
[
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]
... 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
. ...
ARTICLE-14
[
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]
... 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-16
[
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]
... 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 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
. ...
ARTICLE-26
[
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]
... 2. The
Special Fund
may be
financed
through
voluntary contributions
made by
Governments
,
intergovernmental
and
non-governmental organizations
and other
private
or
public entities
. ...
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