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