Part II Preventing torture: NHRIs in action | Section III Acting as a control mechanism
Introduction
Most of the human rights instruments prohibiting torture (described in chapter 2) have established
various mechanisms to monitor their implementation. NHRIs can contribute to the work of these
mechanisms by providing alternative sources of information and by monitoring the implementation of
their recommendations.
The first two sections of this chapter examine mechanisms established within the United Nations human
rights system. A difference is traditionally made between the mechanisms established under the Human
Rights Council and applicable to all States (called Charter-based bodies) and mechanisms set up under
a specific treaty (called treaty-based bodies) that are applicable only to States that have ratified these
treaties. The mandate of the Committee against Torture will also be examined in detail. The third section
of this chapter examines regional complaints mechanisms, while the final section looks at the role of
visiting mechanisms which have specific mandates focusing on torture prevention.
1. United Nations treaty bodies30
Human rights treaty bodies are committees of independent experts that monitor the implementation
of international human rights treaties. They are created by the treaty that they monitor and their main
function is to consider the reports of States parties.
Some treaty bodies can examine individual complaints (a quasi-judicial function). However, this is usually
dependent on the State party accepting this provision of the treaty. The treaty body can issue its views
following the examination of a complaint, although this is not a legally binding decision.
While this section will examine in detail the role and function of the Committee against Torture, it is
important to note that the Human Rights Committee plays an important role in torture prevention. As
part of their torture prevention strategy, NHRIs should strive to cooperate closely with this body both in
the reporting procedure and its individual complaints procedure.
30
Treaty Body
Treaty
Examination
of reports
Individual
complaints
Human Rights Committee
International Covenant on Civil and
Political Rights (1966)
Yes
First Optional
Protocol
(1966)
Committee on Economic,
Social and Cultural Rights
International Covenant on Economic,
Social and Cultural Rights (1966)
Yes
Optional
Protocol
(2008)30
Committee on the
Elimination of Racial
Discrimination
International Convention on the
Elimination of All Forms of Racial
Discrimination (1965)
Yes
Article 14
Committee on
the Elimination of
Discrimination against
Women
Convention on the Elimination of All
Forms of Discrimination against Women
(1979)
Yes
Optional
Protocol
(1999)
Committee against Torture
Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment
(1984)
Yes
Article 22
This protocol is not yet in force (February 2010).
Chapter 7: Cooperating with international mechanisms | 63