On 26 November 1987, in Strasbourg, the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment was opened for signature. A single original in English and French is deposited in the archives of the Council of Europe; certified copies are sent to each member State. The depositary is the Secretary General of the Council of Europe. It is not the European Convention on Human Rights and not the UN Convention against Torture of 1984.

The preamble recalls Article 3 of the 1950 Convention and notes that that machinery operates in relation to persons who allege that they are victims. Article 1 establishes the European Committee for the Prevention of Torture (CPT), which, by means of visits, examines the treatment of persons deprived of their liberty. Article 2: each Party shall permit visits to any place within its jurisdiction where persons are deprived of their liberty by a public authority. Article 3: the Committee and the competent national authorities shall co-operate.

Article 4: a number of members equal to that of the Parties, chosen from persons of high moral character, serving in their individual capacity, independent and impartial, no two nationals of the same State. Article 5: elected by the Committee of Ministers from a list drawn up by the Bureau of the Consultative Assembly; a term of four years, and they may only be re-elected once. Article 7: periodic visits and such other visits as appear required, as a general rule by at least two members, assisted by experts if necessary.

Article 8: after notification, unlimited access, the right to travel without restriction, interviews in private, and free communication with any person who can supply relevant information. Article 9: in exceptional circumstances, representations against a visit, only on grounds of national defence, public safety, serious disorder, the medical condition of a person, or an urgent interrogation relating to a serious crime. Article 10: a report with recommendations; if the Party fails to co-operate, the Committee may, by a two-thirds majority, make a public statement. Article 11: confidentiality, with publication at the request of the Party.

Article 17: it shall not prejudice greater protection under domestic law or any other agreement; it shall not limit the organs of the 1950 Convention; the Committee shall not visit places which the ICRC effectively visits on a regular basis under the Geneva Conventions. Article 18: open for signature by the member States of the Council of Europe. Article 19: it enters into force on the first day of the month following three months after the seventh consent, on 1 February 1989. Article 21: no reservation may be made. Article 22: denunciation takes effect after twelve months.

It is not Protocols No. 1 and No. 2 of 1993, which opened accession to non-member States and changed the rules on re-election.

Image: Palace of Europe, Strasbourg, seat of the Council of Europe; Council of Europe; CC BY 3.0, Wikimedia Commons. Cropped to 16:9.

Source consulted: European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. Treaty text: European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, Strasbourg, 26 November 1987.