(b) Where both candidates have been nominated by the State Party of which
they are nationals, a separate vote by secret ballot shall be held to determine
which national shall become member;
(c) Where neither candidate has been nominated by the State Party of which
he or she is a national, a separate vote by secret ballot shall be held to
determine which candidate shall be the member.
Article 8
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.
Article 9
The members of the Subcommittee on Prevention shall be elected for a term of four years. They shall
be eligible for re-election once if re-nominated. The term of half the member selected at the first
election shall expire at the end of two years; immediately after the first election the names of those
members shall be chosen by lot by the Chairman of the meeting referred to in article 7, paragraph 1
(d).
Article 10
1. The Subcommittee on Prevention shall elect its officers for a term of two years. They maybe reelected.
2. The Subcommittee on Prevention shall establish its own rules of procedure. These rules shall
provide, inter alia, that:
(a) Half the members plus one shall constitute a quorum;
(b) Decisions of the Subcommittee on Prevention shall be made by a majority
vote of the members present;
(c) The Subcommittee on Prevention shall meet in camera.
3. The Secretary-General of the United Nations shall convene the initial meeting of the Subcommittee
on Prevention. After its initial meeting, the Subcommittee shall meet at such times as shall be provided
by its rules of procedure. The Subcommittee on Prevention and the Committee against Torture shall
hold their sessions simultaneously at least once a year.
Part III: Mandate of the Subcommittee on Prevention
Article 11
The Subcommittee on Prevention shall:
(a) Visit the places referred to in article 4 and make recommendations to States Parties concerning the
protection of persons deprived of their liberty against torture and other cruel, inhuman or degrading
treatment or punishment;
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