Human & Constitutional Rights, Documents

European Convention for the Prevention of Torture
and Inhuman or Degrading Treatment or Punishment

To obtain this file as a WordPerfect document, download here

Previous Next
Chapter III

Article 7

1.The Committee shall organise visits to places referred to in Article 2. Apart from periodic visits, the Committee may organise such other visits as appear to it to be required in the circumstances.

2.As a general rule, the visits shall be carried out by at least two members of the Committee. The Committee may, if it considers it necessary, be assisted by 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.

2.A Party shall 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 are deprived of their liberty, including the right to move inside such places without restriction;

d. other information available to the Party which is necessary for the Committee 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 persons deprived of their liberty.

4.The Committee may communicate freely with any person whom it believes can supply relevant information.

5.If necessary, the Committee may immediately communicate observations to the competent authorities of the Party concerned.

Article 9

1.In exceptional circumstances, the competent authorities of the Party concerned may make representations to the Committee against a visit at the time or to the particular place proposed by the Committee. Such representations may only be made on grounds of national defence, public safety, serious disorder in places where persons are deprived of their liberty, the medical condition of a person or that an urgent interrogation relating to a serious crime is in progress.

2.Following such representations, the Committee and the Party shall immediately enter into consultations 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 to the latter its report containing any recommendations it considers necessary. The Committee may consult with the Party with a view to suggesting, if necessary, improvements in the protection of persons deprived of their liberty.

2.If the Party fails to co-operate or refuses to improve the situation in the light of the Committee's recommendations, the Committee may decide, after the Party has had an opportunity 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 relation to a visit, its report and its consultations 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, no 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 every year submit to the Committee of Ministers a general report on its activities which shall be transmitted to the Consultative Assembly and made public.

Article 13

The members of the Committee, experts and other persons assisting the Committee are 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 discharge of their functions

Article 14

1.The names of persons assisting the Committee shall be specified in the notification under Article 8, paragraph 1.

2.Experts shall act on the instructions and under the authority of the Committee. They shall have particular knowledge and experience in the areas covered by this Convention and shall be bound 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.

Previous Next

Human and Constitutional Rights Resource Page
Documents| Document Menu