Preventing Torture An Operational Guide for National Human Rights Institutions NHRIs cannot intervene during the Committee’s examination of the State’s report and its dialogue with the State delegation. However, as these meetings are public, NHRIs may attend as observers, even if they have not submitted written information. NHRIs can also play an important role by disseminating the Committee’s concluding observations to the general public, as well as key stakeholders and relevant authorities. They can consider hosting followup meetings to discuss the concluding observations and strategies to implement the recommendations made by the Committee. NHRIs can also monitor and assist the State to implement the recommendations made by the Committee. The Committee adopted a follow-up procedure in 2003 which requires States parties to provide information on the steps they have taken to implement its recommendations. NHRIs may also submit written information to the Committee under this follow-up procedure. In November 2008, the Kenya National Commission on Human Rights submitted a report commenting on the Government’s initial report to Committee. Representatives from the Commission also attended the session, which was noted in the concluding observations. In May 2009, the New Zealand Human Rights Commission submitted a shadow report and had a private meeting with the Committee prior to the dialogue session with the State delegation. Watch Go to the Preventing Torture CD-Rom to watch Rosslyn Noonan, ICC Chair and Chief Commissioner with the New Zealand Human Rights Commission, discussing the importance of NHRIs engaging with the Committee against Torture. Click on ‘Feature materials’ and then select ‘Item 9 – Engaging with the Committee against Torture’. 1.3.2. Committee’s inquiry procedure The Committee against Torture can carry out a confidential inquiry into torture if it receives reliable information that torture is being systematically practised in a certain country. Such an inquiry might include a visit to the country concerned. Although the report of the inquiry will be confidential, a summary of the inquiry report is provided in the Committee’s annual report. In addition, the very fact that an investigation takes place can by itself have a positive impact. A limited number of countries do not want the Committee to conduct such inquiries and have therefore submitted a reservation to the relevant article – article 20 – when ratifying the Convention against Torture. Following the country visit, the Committee will determine whether or not the practice of torture is systematic. The Committee has developed the following criteria to establish what is meant by “systematic”: • Torture is habitual, widespread and deliberate in at least a considerable part of the territory. • This may or may not be the result of direct Government policy. • Failure to enact laws preventing torture may also add to the systematic nature of torture. 68 | Chapter 7: Cooperating with international mechanisms