Part II Preventing torture: NHRIs in action | Section III Acting as a control mechanism
2.1.2. Role of NHRIs in the treaty body complaints procedure
If the State has accepted the individual complaints procedure, NHRIs can raise public awareness about
this provision of the treaty and can consider assisting individuals to submit complaints. Depending on
their mandate, NHRIs may also be able to submit cases to treaty bodies on behalf of individuals.
They can disseminate decisions of treaty bodies concerning individual complaints, as well as follow-up
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.
In 2007, the Australian Human Rights Commission drew on jurisprudence of the Human
Rights Committee in its finding that 58 federal laws were in breach of Australia’s human rights
obligations.
Watch
Go to the Preventing Torture CD-Rom to watch more on how NHRIs can
engage effectively with the international human rights system on issues
concerning torture and ill-treatment.
Click on ‘Feature materials’ and then select ‘Item 8 – NHRIs: Working with
the international human rights system’.
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. 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 sent to the State party prior to consideration of the report. 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 NGOs) in the reporting
process.35
Since 2005, NHRIs that have submitted written information may also have a private meeting with the
Committee a day prior to the dialogue with the State delegation. These one-hour briefings provide
NHRIs with the opportunity to highlight and update the Committee on key issues.
35
See: www2.ohchr.org/english/bodies/cat/follow_up_ngo.htm.
Chapter 7: Cooperating with international mechanisms | 67