Crimes of Torture Act 1989
Schedule 1
Version as at
1 July 2023
after the receipt of the communication the receiving State shall afford the
State which sent the communication an explanation or any other state‐
ment in writing clarifying the matter, which should include, to the extent
possible and pertinent, reference to domestic procedures and remedies
taken, pending or available in the matter;
(b)
If the matter is not adjusted to the satisfaction of both States Parties
concerned within six months after the receipt by the receiving State of
the initial communication, either State shall have the right to refer the
matter to the Committee, by notice given to the Committee and to the
other State;
(c)
The Committee shall deal with a matter referred to it under this art‐
icle only after it has ascertained that all domestic remedies have been
invoked and exhausted in the matter, in conformity with the generally
recognized principles of international law. This shall not be the rule
where the application of the remedies is unreasonably prolonged or is
unlikely to bring effective relief to the person who is the victim of the
violation of this Convention;
(d)
The Committee shall hold closed meetings when examining communica‐
tions under this article;
(e)
Subject to the provisions of subparagraph (c), the Committee shall make
available its good offices to the States Parties concerned with a view to a
friendly solution of the matter on the basis of respect for the obligations
provided for in this Convention. For this purpose, the Committee may,
when appropriate, set up an ad hoc conciliation commission;
(f)
In any matter referred to it under this article, the Committee may call
upon the States Parties concerned, referred to in subparagraph (b), to
supply any relevant information;
(g)
The States Parties concerned, referred to in subparagraph (b), shall have
the right to be represented when the matter is being considered by the
Committee and to make submissions orally and/or in writing;
(h)
The Committee shall, within twelve months after the date of receipt of
notice under subparagraph (b), submit a report:
(i)
If a solution within the terms of subparagraph (e) is reached, the
Committee shall confine its report to a brief statement of the facts
and of the solution reached;
(ii)
If a solution within the terms of subparagraph (e) is not reached,
the Committee shall confine its report to a brief statement of the
facts; the written submissions and record of the oral submissions
made by the States Parties concerned shall be attached to the
report.
In every matter, the report shall be communicated to the States Parties con‐
cerned.
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