United Nations Human Rights Website - Treaty Bodies Database - Document - Sessional/Annual Report of Committee -
OF THE CONVENTION
267. Under article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, individuals who claim that any of their rights enumerated in the Convention
have been violated by a State party and who have exhausted all available domestic remedies may submit
communications to the Committee against Torture for consideration. Thirty-nine out of 102 States that
have acceded to or ratified the Convention have declared that they recognize the competence of the
Committee to receive and consider communications under article 22 of the Convention. Those States
are: Algeria, Argentina, Australia, Austria, Bulgaria, Canada, Croatia, Cyprus, Czech Republic,
Denmark, Ecuador, Finland, France, Greece, Hungary, Iceland, Italy, Liechtenstein, Luxembourg,
Malta, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, Russian Federation, Senegal,
Slovakia, Slovenia, Spain, Sweden, Switzerland, Togo, Tunisia, Turkey, Uruguay, Venezuela and
Yugoslavia. No communication may be considered by the Committee if it concerns a State party to the
Convention that has not recognized the competence of the Committee to do so.
268. Consideration of communications under article 22 of the Convention takes place in closed meetings
(art. 22, para. 6). All documents pertaining to the work of the Committee under article 22 - submissions
from the parties and other working documents of the Committee - are confidential.
269. In carrying out its work under article 22, the Committee may be assisted by a working group of not
more than five of its members or by a special rapporteur designated from among its members. The
working group or the special rapporteur submits recommendations to the Committee regarding the
fulfilment of the conditions of admissibility of communications or assists it in any manner which the
Committee may decide (rule 106 of the rules of procedure of the Committee). Special rapporteurs may
take procedural decisions (under rule 108) during inter-sessional periods, thereby expediting the
processing of communications by the Committee.
270. A communication may not be declared admissible unless the State party has received the text of the
communication and has been given an opportunity to furnish information or observations concerning the
question of admissibility, including information relating to the exhaustion of domestic remedies (rule
108, para. 3). Within six months after the transmittal to the State party of a decision of the Committee
declaring a communication admissible, the State party shall submit to the Committee written
explanations or statements clarifying the matter under consideration and the remedy, if any, which has
been taken by it (rule 110, para. 2). In cases that require expeditious consideration, the Committee
invites the States parties concerned, if they have no objections to the admissibility of the
communications, to furnish immediately their observations on the merits of the case.
271. The Committee concludes examination of an admissible communication by formulating its Views
thereon in the light of all information made available to it by the complainant and the State party. The
Views of the Committee are communicated to the parties (art. 22, para. 7, of the Convention and rule
111, para. 3, of the rules of procedure of the Committee) and are made available to the general public.
Generally, the text of the Committee's decisions declaring communications inadmissible under article 22
of the Convention are also made public without disclosing the identity of the author of the
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