If a member of the Subcommittee on Prevention dies or resigns, or for any cause can no longer perform his or her duties, the State Party that nominated the member shall nominate another eligible person possessing the qualifications and meeting the requirements set out in article 5, taking into account the need for a proper balance among the various fields of competence, to serve until the next meeting of the States Parties, subject to the approval of the majority of the States Parties. The approval shall be considered given unless half or more of the States Parties respond negatively within six weeks after having been informed by the Secretary-General of the United Nations of the proposed appointment.
Footnotes:
1 Report of the Working Group on the Draft Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on its fourth session (1995) UN Doc E/CN.4/1996/28, Annex I; see also Report of the Working Group on the Draft Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1993) UN Doc E/CN.4/1994/25, Annex.
2 Report of the working group on the draft optional protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on its seventh session (1998) UN Doc E/CN.4/1999/59, Annex I. Similar provisions are contained in the Mexican Draft of 13 February 2001 (E/CN.4/2001/WG.11/CRP.1, Art 12, former Art 7); the EU Draft of 22 February 2001 (E/CN.4/2001/WG.11/CRP.2, Art 8, former Art 7); and the Proposal by the Chairperson-Rapporteur of 17 January 2002 (E/CN.4/2002/CRP.1, Art 8).
3 See Report of the Working Group on the Draft Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on its fifth session (1996) UN Doc E/CN.4/1997/33 paras 49ff.
5 CHR Res 2002/33 of 22 April 2002. See above Art 1 OP, 2.2.
7 cf CAT/C/SR.5, paras 33–44.
8 Another of the initial SPT members, Mr Coriolano (Argentina), resigned from his duties on 1 October 2012 following the election as a member of the United Nations Human Rights Council Advisory Committee. He was followed by Mr Font (Argentina) from 1 January 2013 who had been elected member on 25 October 2012; thus, the procedure set out in Article 8 OP had not been applied in this case.
9 See Secretary-General, ‘Fourth Meeting of the States Parties—Summary Record of the 4th Meeting’ (2010) UN Doc CAT/OP/SP/SR.4, para 17; Secretary-General, ‘Fourth Meeting of the States Parties—Summary Record of the 1st Meeting’ (2012) UN Doc CAT/OP/SP/4/SR.1, para 16; Secretary-General, ‘Fifth Meeting of the States Parties—Summary Record of the 1st Meeting’ (2014) UN Doc CAT/OP/SP/5/SR.1, para 18; Secretary-General, ‘Sixth Meeting of the States Parties—Summary Record of the 1st Meeting’ (2016) UN Doc CAT/OP/SP/6/SR.1, para 19.
10 Mr Torres Boursault and Ms Casale have a legal background and had been members of the CPT. Mr Ginés Santidrián and Mr Evans, their successors, are both legal experts with a particular focus on the prevention of torture. Mr Pross is a medical doctor and psychotherapist specialized in psychotraumatology; Ms Osterfeld is a psychiatrist and psychotherapist as well as a member of the German National Agency for the Prevention of Torture (NPM). Mr Obrecht and Ms Paulet also have an established medical background, Ms Paulet also having been member of the CPT since 1999.
11 See Antenor Hallo de Wolf, ‘Visits to Less Traditional Places of Detention: Challenges under the OPCAT’ (2009) 6 EHRLR 73, 89.