Preventing Torture An Operational Guide for National Human Rights Institutions - Updated Edition
bodies also prioritise some key and urgent recommendations with a specific timeframe for reporting
by State. Some have appointed Rapporteurs dedicated to follow up among the members. NHRIs can
play a key role in this follow up procedure by liaising with the Rapporteur and/or by providing written
information on the implementation of the recommendations by the State.
1.2. Role of NHRIs and treaty body complaints procedure
1.2.1. Treaty bodies complaints procedure
Eight Committees/treaty bodies107 can consider complaints or individual communications from people
who believe their rights have been violated under the relevant treaty. Complaints may be brought only
against States which have recognized the competence of the Committee to consider complaints
from individuals. Depending on the treaty concerned, the State party recognizes the Committee’s
competence by making a declaration under an article of the treaty or by becoming a party to an
Optional Protocol.
Anyone can lodge a complaint with a Committee against a State that satisfies these conditions. A
complaint may also be brought on behalf of another person if their consent is obtained or if the author
can justify acting without such consent, for example, where a person is in prison without access
to the outside world. There is no formal time limit for filing a complaint. However, it is preferable
for complaints to be submitted as soon as possible after exhausting domestic remedies. In urgent
situations, the committees may request through the State party to grant “interim measures” to prevent
“irreparable harm”. Such requests are normally issued to prevent actions that cannot be undone, like
the execution of a death sentence or the deportation of an individual facing risk of torture.
Complaints are considered on the basis of the written information supplied by the complainant, or
their representative, and the State party in closed meetings. The committees’ decisions on individual
complaints are included in their annual reports. If a violation is found, the State is requested to provide
an effective remedy and respond to the Committee within a set deadline. The remedy recommended
will depend on the violations found. The State has a good faith obligation to implement the Committee’s
findings and grant appropriate remedies.
A member of each committee, called a Rapporteur, regularly reports to it on the implementation of
each decision and this is published in the committees’ reports. The Rapporteur encourages the State
to implement the decision of the Committee by issuing specific requests, writing regular reminders
for information, consulting with representatives of the State and, on occasion, visiting the country
concerned. The Human Rights Council also encourages States to implement the committees’
decisions through the Universal Periodic Review.
Although some States do not comply with the decisions of committees, a significant number
have granted a variety of remedies to complainants following the decisions. Many have provided
compensation, released complainants from prison, reopened criminal cases, stopped the deportation
of individuals, granted residence permits, commuted death sentences and amended legislation and
policies which were held to contravene the treaties.
1.2.2. Role of NHRIs in the treaty body complaints procedure
If the State has accepted the individual complaints procedure, NHRIs can raise public awareness about
this provision of the treaty and can consider assisting individuals to submit complaints. Depending
on their mandate, NHRIs may also be able to submit cases to treaty bodies on behalf of individuals.
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The Human Rights Committee, the Committee on Economic, Social and Cultural Rights, the Committee on the Elimination of Racial Discrimination, the Committee against Torture, the Committee on the Elimination of Discrimination
against Women, the Committee on the Rights of the Child, the Committee on the Rights of Persons with Disabilities
and the Committee on Enforced Disappearances. In the future, the Committee on Migrant Workers may also consider
individual complaints.
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