Preventing Torture An Operational Guide for National Human Rights Institutions In 2004, the German Institute of Human Rights organized a series of four follow-up conferences with key national stakeholders to discuss the implementation of the concluding observations adopted on Germany by four treaty bodies (Human Rights Committee, Committee against Torture, Committee on the Rights of the Child and Committee on the Elimination of Discrimination against Women).33 Minutes and recommendations adopted by the conferences were distributed to key actors and to treaty bodies. In 2006, the Canadian Human Rights Commission urged the Government to implement the concluding observations of the Human Rights Committee and repeal a section from the Canadian Human Rights Act. 1.2. Role of NHRIs and treaty body complaints procedure 1.2.1. Treaty bodies complaints procedure Five Committees/treaty bodies34 can consider complaints 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 his or her consent is obtained or if the author can justify acting without such consent. 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 his or her 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 Special Rapporteur, regularly reports to it on the implementation of each decision and this is published in the committees’ reports. The Special 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. 33 See: Examination of State Reporting by Human Rights Treaty Bodies: An Example of Follow-Up at the National Level by National Human Rights Institutions by Frauke Seidensticker, German Institute for Human Rights (2005). 34 The Human Rights Committee, the Committee on the Elimination of Racial Discrimination, the Committee against Torture, the Committee on the Elimination of Discrimination against Women, and the Committee on the Rights of Persons with Disabilities. In the future, the Committee on Migrant Workers and the Committee on Enforced Disappearances may also consider individual complaints. 66 | Chapter 7: Cooperating with international mechanisms