OPENING REMARKS
Remarks of Dean Claudio Grossman*
G
ood morning everyone and welcome to our law school,
the American University Washington College of Law,
for this conference on litigation before the United Nations Committee against Torture, which is co-sponsored by the
World Organisation Against Torture. As we begin, I would like to
mention that the proceedings of this conference will be published
in the Human Rights Brief, which is a student-run publication of
the law school that addresses current issues of international human rights law and is distributed to more than 4,000 subscribers
around the world.
complaints procedure
under Article 22. Pursuant to this procedure,
the Committee considers complaints from
alleged victims, or
on behalf of alleged
victims, of violations
of the Convention by
States Parties.2 Since
1998, more than 522
complaints have been
submitted to the Committee. The individual
complaints procedure is
only one of the methods
of supervision developed by the Convention and applied by the
Committee. Most of the
Committee’s time is spent in its reporting system, which consists of periodic presentations by states—which are, in theory,
submitted every four years, after an initial report—demonstrating
the status of their compliance with the Convention. This important technique of supervision is mainly designed to analyze and
evaluate the public policy of states and their compliance with their
Convention obligations. Concluding Observations are the end
result of this supervisory technique, through which the Committee
determines the overall status of each state’s compliance with its
Convention obligations, while the individual complaints procedure
is designed to determine whether a violation of the Convention in
relation to an individual’s rights, as alleged in the complaint, has
taken place. If the individual’s rights have been violated, the state is
compelled to provide redress and rehabilitation in accordance with
Article 14 of the Convention.3 Because it is specific by nature, use
of the individual complaints procedure is a more targeted way to
address alleged violations of the Convention and to ensure states’
compliance with their obligations under the Convention.
Our partner in organizing this event is the World Organisation
Against Torture (OMCT). For us, as an educational institution, it
is very important to work together with non-governmental organizations, civil society institutions, governments, and other entities, to achieve the common goals of human dignity. OMCT is
an organization that has excelled in the struggle to have a world
free from torture and other forms of inhuman treatment, and we
are proud to collaborate with it. OMCT intends to increase its engagement on these issues by coordinating action with domestic
and international NGOs that utilize the Committee’s procedures.
The Convention against Torture was adopted in 1984 and
currently has 153 States Parties.1 Of the Parties to the Convention, only 65 have made a declaration accepting the individual
* Dean Claudio Grossman has been Dean of the American University
Washington College of Law since his appointment in 1995. Dean
Grossman also currently serves as Chair of the United Nations
Committee against Torture and Chair of the United Nations Human
Rights Treaty Bodies, and member of the Governing Board of the
International Association of Law Schools, of the Board of the InterAmerican Institute of Human Rights, and of the International
Objectives Committee of the Association of American Law Schools
(AALS). Dean Grossman is also serving as a referee in peer review
evaluations for the European Research Council Dedicated Implementation Structure, under the Ideas Specific Programme (2008-2013).
As a member of the Inter-American Commission on Human Rights
from 1993-2001, he served in numerous capacities including
President (1996-97; 2001), Special Rapporteur on the Rights of
Women (1996-2000), and Special Rapporteur on the Rights of
Indigenous Populations (2000-2001). Dean Grossman has authored
numerous publications on international law and human rights, and
received numerous awards for his work in those fields including the
2010 Henry W. Edgerton Civil Liberties Award from the ACLU of the
National Capital Area and the 2012 Deborah L. Rhode Award from the
AALS Section on Pro Bono and Public Service Opportunities.
To date, of the countries that have declared acceptance of
Article 22, most complaints submitted to the Committee have
related to Article 3—meaning alleged violations of the provision
of non-refoulement.4 But, as a result of the process of democratization that has taken place in various countries and which
has created more open environments and led to more open discussions regarding violations, we have seen an increase in complaints alleging violations of Article 1 and Article 16, meaning
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