Part II: Preventing torture: NHRIs in action
They can disseminate decisions of treaty bodies concerning individual complaints, as well as followup on these decisions and try to ensure that the Government implements them.
The conclusions of these treaty bodies also provide an important source of jurisprudence that can be
useful for the work of NHRIs.
1.3. NHRIs and the Committee against Torture
The Convention against Torture establishes the Committee against Torture, a body that monitors
the performance of States parties in meeting their obligations under the treaty. The Committee has
a broad mandate. Not only does it examine reports submitted by States parties, it can also carry
out confidential inquiries into allegations of systematic torture, examine individual complaints (where
States have accepted this procedure) and make general comments to help States, NHRIs and others
interpret and understand the treaty.
1.3.1. State reporting procedure
States parties have an obligation to submit a report to the Committee against Torture every four years,
setting out what steps they have taken to implement their obligations under the treaty. The Committee
can also submit to a State party a list of issues prior to receiving its
report. If the State party agrees to report under this optional reporting procedure, its response to this
list of issues constitutes its report. As with reports prepared for other treaty bodies, NHRIs may be
consulted in the preparation of the State party’s report.
NHRIs can also submit their own shadow report to the Committee, as well as provide information for
the written list of issues and list of issues prior to reporting. The list of issues is adopted one session
prior to the session during which the Committee considers the State’s report.
The Committee’s website includes information on the participation of NHRIs (and Civil Society
Organisations) in the reporting process.108
NHRIs and NPMs that have submitted written information may also have a private plenary meeting
with the whole Committee prior to the dialogue with the State delegation. These one-hour briefings
are part of the official session and include interpretation from and into UN languages. They provide
NHRIs with the opportunity to highlight and update the Committee on key issues.
NHRIs cannot intervene during the Committee’s examination of the State’s report and its dialogue
with the State delegation. However, as these meetings are public, NHRIs may attend as observers,
even if they have not submitted written information.
Sessions of the Committee are now live webcasted, and this is an opportunity for NHRIs to participate
remotely as well as to further disseminate the review and the State responses.
NHRIs can also play an important role by disseminating the Committee’s concluding observations to the
general public, as well as key stakeholders and relevant authorities. They can consider hosting followup meetings to discuss the concluding observations and strategies to implement the recommendations
made by the Committee. The Committee has appointed one of its 10 members as Rapporteur on
follow up. NHRIs can also monitor and assist the State to implement the recommendations made by
the Committee.
The Committee adopted a follow-up procedure in 2003 which requires States parties to provide
information on the steps they have taken to implement its recommendations. NHRIs may also
submit written information to the Committee under this follow-up procedure. In 2015, the Committee
adopted specific guidelines to strengthen the procedure to follow-up on its concluding observations
with detailed information on NHRIs follow-up submissions (including deadlines, format, word limit,
languages, etc.)109
108
See: https://www.ohchr.org/EN/HRBodies/CAT/Pages/NGOsNHRIs.aspx
109
See UN Doc. CAT/C/55/3.
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