European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment * Strasbourg, 26.XI.1987

ETS 126
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Year of adoption: 1987
Year of entry into force: 1989
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Excerpts

Preamble

The member States of the Council of Europe, signatory hereto,

Having regard to the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms,

Recalling that, under Article 3 of the same Convention, “no one shall be subjected to torture or to inhuman or degrading treatment or punishment”;

 

Chapter I

Article 1

There shall be established a European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter referred to as “the Committee”). The Committee shall, by means of visits, examine the treatment of persons deprived of their liberty with a view to strengthening, if necessary, the protection of such persons from torture and from inhuman or degrading treatment or punishment.

 

Chapter III

Article 8

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.

 

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.

 

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