Part II Preventing torture: NHRIs in action | Section III Acting as a control mechanism Role of NHRIs regarding inquiry procedure NHRIs can provide the Committee with reliable information about the systematic use of torture in the country and also provide support to assist with its inquiries. Prior to and during the visit, NHRIs can meet with the delegation and provide additional information, mindful of the confidential nature of the inquiry. This information could include suggestions regarding places of detention to visit, allegations of torture and issues that should be raised by the Committee with the State. 1.3.3. Individual complaints It may be possible for the Committee against Torture to hear individual complaints if the relevant State has accepted this procedure under article 22 of the Convention against Torture. If this is the case, an individual can bring a complaint of torture or ill-treatment. Alternatively, the person’s relatives, a designated representative or the NHRI can bring the complaint if the victim is unable to do so. There is no time limit on making a complaint. However, the alleged violation must have taken place after the State accepted the complaints procedure. In addition to allegations of torture or ill-treatment, an individual may also complain if the State has failed to meet its obligations under the Convention against Torture. The most serious complaints might involve: • a threat to expel someone to a country where they are in danger of torture • 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 and article 3 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. Chapter 7: Cooperating with international mechanisms | 69