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The Committee against Torture Does this mechanism apply to the country in which you are interested? About the Committee against Torture The mandate of the Committee against Torture What this mechanism can do to assist you How the Committee investigates a complaint How to submit an individual complaint Further information about the Committee against Torture Does this mechanism apply to the country in which you are interested? This section deals with the individual complaints procedure of the Committee against Torture. This procedure only applies to states which are a party to (in other words members of) the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and have made a declaration under Article 22 of the CAT.
Note on how to use this link This link will bring you to a list of countries. If the country you are interested in is on this list, then the complaints procedure applies to that country. Use your browser's "back" button to return to this page. About the Committee against Torture The Committee against Torture was set up under an international treaty called the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). The CAT sets out an absolute prohibition on the use of torture. It states that the use of torture can never be justified including during war or public emergency. The role of the Committee against Torture is to ensure that state parties (countries which have joined the CAT) abide by the prohibition of torture set out in the CAT. The Committee is a treaty body and it has treaty (international legal) powers. These powers enable the Committee to check whether countries are meeting their legal obligations set out in the CAT. The Committee is made up of 10 persons who serve in their personal capacity. It meets twice a year at the United Nations in Geneva. The mandate of the Committee against Torture The Committee against Torture can examine allegations of torture which are brought to its attention by victims of torture or their relatives. Torture is defined in the CAT as: "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions." To view the full text of the Convention against Torture click here What this mechanism can do to assist you If you are a victim of torture or are representing a victim, you can submit a complaint to the Committee against Torture. Remember, you should make sure that this mechanism applies to the country you are interested in (see the top of this page). The Committee against Torture can examine your complaint and it can adopt a "view" or decision on the case. If the Committee thinks that in your case the state concerned did not respect the prohibition on torture, it can adopt a "view" declaring that the state concerned was in violation of the CAT. The "views" of the Committee are made public. The Committee can also request that "provisional measures" be taken to prevent an act of torture from taking place. How the Committee investigates a complaint (the formal procedure) 1. Admissibility The first thing the Committee does when it receives a complaint is decide whether or not it will accept the complaint. A complaint which the Committee decides to accept is called "admissible" and a complaint which the Committee decides not to accept is called "inadmissible". To be admissible a complaint must be brought against a state to which the individual complaints procedure applies (see the section Does this mechanism apply to the country in which you are interested? above). The complaint must not be anonymous; however, the author of the complaint can state that their name should not be revealed to the state concerned or to the public. The complaint should also contain the minimum information required (see the section How to submit an individual complaint). In addition it should contain reliable information about the alleged violation of human rights concerned. The Committee may request the State concerned or the author of the complaint to submit additional information concerning the complaint. If a complaint is declared to be admissible, the Committee informs the author of the complaint and the state concerned. 2. Consideration of the merits If the Committee decides that a complaint is admissible it then considers the merits (or substance) of the complaint. The Committee contacts the state concerned and requests it to send any information it may have concerning the case within 6 months. The author of the complaint may also submit any additional information to the Committee. The Committee then meets to examine the complaint in private. The Committee may invite the author of the complaint and the state concerned to attend its meeting. 3. Provisional or urgent measures When the Committee receives a complaint that a violation of the CAT (for example an act of torture) is about to take place it can request the state concerned to take "provisional measures" to prevent the violation taking place. "Provisional measures" means the Committee can ask the state concerned to take action to prevent a violation before formal investigations into the complaint have been completed. 4. Conclusion of the proceedings In the light of all information made available to it by the individual and by the State concerned, the Committee adopts its "views", in other words its decision on the complaint concerned. The Committee's "views" are sent to the author of the complaint and the state concerned and are published in the Committee's annual report. How to submit an individual complaint Who may submit a complaint? A victim of a violation of the CAT (for example a victim of torture) or a person representing a victim may submit a complaint to the Committee. Guidelines for submitting a complaint The Committee against Torture has developed a model communication form aimed at helping you to include all of the information relevant to your complaint which you may use if you wish. Use of this form is not compulsory. For a copy of the model communication form in English click here For a copy of the model communication form in Espagnol click here For a copy of the model communication form in French click here Use your browser "back" button to return to this page. Before submitting a complaint you should click on the following two links which contain important general information: Click here for information on the exhaustion of domestic remedies Click here for information on multiple applications Further information about the Committee against Torture For further information in English, Espagnol and Français visit the webpage of the Committee against torture by clicking here. |
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