UNCAT Ratification Tool
‘communications’, or complaints from States parties and individuals, alleging violations of the
Convention.
Both articles describe voluntary procedures. States may choose whether or not to accept either
procedure. Where a State does not make the voluntary declaration, the Committee will have no
jurisdiction to hear complaints.
Around a third of all States parties have made declarations under both article 21 and 22, and
therefore accept the competence of the CAT to consider complaints from States parties and
individuals.11
The quasi‐judicial function of the CAT is not an appeal procedure. The Committee only has the
competence to determine whether there was a violation to the Convention and make
recommendations for how such a violation may be redressed. The procedure therefore serves as a
helpful opportunity to consider whether national implementation of the Convention is in full
compliance with international law, and recommends States parties to take remedial steps where
necessary.
Example of articles 21 & 22 declarations:
Algeria:
“The Algerian Government declares, pursuant to article 21 of the Convention, that it recognizes the
competence of the Committee Against Torture to receive and consider communications to the
effect that a State Party claims that another State Party is not fulfilling its obligations under this
Convention.
“The Algerian Government declares, pursuant to article 22 of the Convention, that it recognizes the
competence of the Committee to receive and consider communications from or on behalf of
individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the
provisions of the Convention.”
Last revised June 2016
11
In 2014, the CAT reported that 58 States had made declarations provided for in both articles 21 and 22 of the
Convention (62 States parties made the declaration under article 21; 66 made the declaration under article 22).
The current status of reservations and declarations made by States parties to the UNCAT may be seen on the
UN Treaty Collection website, at www.treaties.un.org.
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