Preventing Torture An Operational Guide for National Human Rights Institutions 3.1. Overview of regional complaint mechanisms 3.1.1. The European system Individual complaints are submitted directly to the European Court of Human Rights. For the Court to consider a complaint: • it must be covered by the European Convention • domestic remedies must be exhausted (or unreasonably prolonged) • it must be submitted within six months of a decision by domestic authorities • it must not have been considered by another international complaints procedure. 3.1.2. The African system The African Commission on Human and Peoples’ Rights was set up to monitor compliance with the African Charter on Human and Peoples’ Rights. It can also examine individual or collective complaints. For the Commission to consider a complaint: • it must not be anonymous • it must be covered by the African Charter • it must not be based exclusively on reports in the mass media • domestic remedies must be exhausted • it must be submitted within a reasonable period of time once domestic remedies have been exhausted. In 1998, a Protocol to establish an African Court of Human Rights was adopted. This came into force in 2004, but its functioning has been delayed by the decision to merge it with the African Court of Justice of the African Union. The Court will be able to examine complaints submitted by: • the Commission • the State party which has lodged a complaint to the Court • the State party against which a complaint has been lodged • the State party whose citizen is a victim of a human rights violation • African intergovernmental organizations. The African Court will also be able to examine complaints from NGOs and individuals if the State concerned has made a declaration to accept this. 3.1.3. The Inter-American system The Inter-American human rights system has two procedures: the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. Complaints to the Commission can be based on the American Convention on Human Rights or on fundamental human rights standards, especially the American Declaration on the Rights and Duties of Man. The latter would apply if the State involved in the complaint was not a party to the Convention. In addition, the Commission has responsibility for monitoring adherence to the Inter-American Convention to Prevent and Punish Torture. Complaints can be referred to the Court only if: • they concern a State party to the Convention, and • the State party has accepted the jurisdiction of the Court. 76 | Chapter 7: Cooperating with international mechanisms