Part II: Preventing torture: NHRIs in action • a failure to promptly and effectively investigate an allegation of torture • a failure to grant redress to a victim of torture • use of a statement made as a result of torture in court proceedings. The Committee will not investigate a complaint when: • the State has not accepted the individual communications procedure • the communication is anonymous • the communication is “an abuse of the right of submission of such communications” • the matter complained of is not covered under the Convention against Torture • the same matter has been, or is being, examined by another international procedure • domestic remedies have not been exhausted (domestic remedies might be considered to be exhausted when procedures are unreasonably prolonged). Role of NHRIs regarding individual complaints NHRIs can lobby their States to accept the individual communications procedure under article 22 of the Convention against Torture. If it has been accepted, NHRIs can raise public awareness about how the procedure works and what is involved in making a complaint. They can also assist individuals to submit complaints to the Committee, as well as follow-up the examination of complaints and monitor the response of the State. 1.3.4. General comments The Committee can adopt general comments to help States interpret their obligations under the Convention. To date it has adopted general comments in relation to article 2, on article 3 in the context of article 22 and on article 14 of the Convention. NHRIs may be consulted on draft general comments and encouraged to submit their responses to the Committee. They can also recommend that the Committee consider an issue where a general comment is required or would be useful. In 2007, the Committee wrote a letter to the Chair of the ICC (now GANHRI) requesting comments from NHRIs on the draft general comment on article 2. A number of NHRIs reviewed the draft general comment and submitted responses to the Committee. 2. Mechanisms under the United Nations Human Rights Council The Human Rights Council is a permanent United Nations body aimed at strengthening the promotion and protection of human rights around the world. It was created in 2006 to replace the Commission on Human Rights. The new Council has been given a clear mandate to undertake its work based on the principles of universality, equality, non-selectivity and objectivity. The Human Rights Council is composed of 47 Member States elected by the General Assembly through secret ballot. The most important and innovative aspect of the Council is the Universal Periodic Review, a process which examines the human rights situation of all Member States on a regular basis. The Human Rights Council also assumes the special procedures created under the former Commission on Human Rights. NHRIs that have been accredited as complying with the Paris Principles (“A status”) have been recognized with the following participation rights in the Human Rights Council: • separate accreditation status (different from States and from NGOs) • the right to speak under all items of the Council’s agenda 95

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