Chapter 3 • The Major Regional Human Rights Instruments and the Mechanisms for Their Implementation “In exceptional circumstances, the competent authorities of the Party concerned may make representations to the Committee against a visit at the time or to the particular place proposed by the Committee”, although “such representations may only be made on grounds of national defence, public safety, serious disorder in places where persons are deprived of their liberty, the medical condition of a person or that an urgent interrogation relating to a serious crime is in progress” (art. 9(1)). When such representations have been made, the Committee and the State party “shall immediately enter into consultations in order to clarify the situation and seek agreement on arrangements to enable the Committee to exercise its functions expeditiously (art. 9(2)). Following 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”. The report shall then be transmitted to the State party with any recommendations that the Committee considers necessary (art. 10). If the State party “fails to cooperate 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” (art. 10(2)). Otherwise, both the information collected by the Committee during an on-the-spot visit and its report shall be confidential, although the report shall be published, “together with any comments of the Party concerned”, whenever so requested by the latter (art. 11(1) and (2)). The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment and Punishment complements the European Convention on Human Rights by creating a system of visits for the purposes of preventing and eradicating the use of torture in Europe. To this end, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment is authorized both to make periodic visits to the States parties concerned and to organize such other visits as it deems required by the circumstances. 4.5 The Framework Convention for the Protection of National Minorities, 1995 The Framework Convention for the Protection of National Minorities60 was adopted by the Committee of Ministers of the Council of Europe in 1995, and entered into force on 1 February 1998. As of 30 April 2002 it had 34 States parties. One of the particular features of the Framework Convention is that, at the invitation of the Committee of Ministers, it is open to signature by States that are not members of the Council of Europe (art. 29). This Framework Convention is the first legally binding multilateral instrument devoted to the protection of national minorities in general and it makes clear that the protection of these minorities “forms an integral part of the 60 ETS no.: 157. 108 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers

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