The member States of the Council of Europe, signatories to this Protocol to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, signed at Strasbourg on 26 November 1987 (hereinafter referred to as "the Convention"), Considering that non-member States of the Council of Europe should be allowed to accede to the Convention at the invitation of the Committee of Ministers, Have agreed as follows:
Article 1
A sub-paragraph shall be added to Article 5, paragraph 1, of the
Convention as follows: "Where a member is to be elected to
the Committee in respect of a non-member State of the Council
of Europe, the Bureau of the Consultative Assembly shall invite
the Parliament of that State to put forward three candidates,
of whom two at least shall be its nationals. The election by the
Committee of Ministers shall take place after consultation with
the Party concerned."
Article 2
Article 12 of the Convention shall read as follows: "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 to any non-member State of the Council of Europe
which is a party to the Convention, and made public."
Article 3
The text of Article 18 of the Convention shall become paragraph
1 of that article and shall be supplemented by the following second
paragraph:
"2 The Committee of Ministers of the Council of Europe may
invite any non-member State of the Council of Europe to accede
to the Convention."
Article 4
In paragraph 2 of Article 19 of the Convention, the word "member"
shall be deleted and the words "or approval," shall
be replaced by "approval or accession.".
Article 5
In paragraph 1 of Article 20 of the Convention, the words "or
approval" shall be replaced by "approval or accession,".
Article 6
The introductory sentence of Article 23 of the Convention shall
read as follows: "The Secretary General of the Council of
Europe shall notify the member States and any non-member State
of the Council of Europe party to the Convention of:" In
Article 23.b of the Convention, the words "or approval;"
shall be replaced by "approval or accession;".
Article 7
This Protocol shall be open for signature by member States of
the Council of Europe signatories to the Convention, which may
express their consent to be bound by: signature without reservation
as to ratification, acceptance or approval; or signature subject
to ratification, acceptance or approval, followed by ratification,
acceptance or approval. Instruments of ratification, acceptance
or approval shall be deposited with the Secretary General of the
Council of Europe.
Article 8
This Protocol shall enter into force on the first day of the month
following the expiration of a period of three months after the
date on which all Parties to the Convention have expressed their
consent to be bound by the Protocol, in accordance with the provisions
of Article 7.
Article 9
The Secretary General of the Council of Europe shall notify the
member States of the Council of Europe of: any signature; the
deposit of any instrument of ratification, acceptance or approval;
the date of entry into force of this Protocol, in accordance with
Article 8; any other act, notification or communication relating
to this Protocol. In witness whereof, the undersigned, being duly
authorised thereto, have signed the Protocol. Done at Strasbourg,
this 4th day of November 1993, in English and French, both texts
being equally authentic, in a single copy which shall be deposited
in the archives of the Council of Europe. The Secretary General
of the Council of Europe shall transmit certified copies to each
member State of the Council of Europe.