CAT/C/61/D/614/2014 Annex Individual opinion of Committee member Alessio Bruni (dissenting) 1. It is my opinion that any reference, in the Committee’s decision on communication 614/2014, to violation by the State party of article 22 of the Convention against Torture because it has not complied with the Committee’s request for interim measures of protection of the complainant is inappropriate. 2. Interim measures are contained in rule 114 of the rules of procedure of the Committee which have not been subscribed by the State party, and they are not contained in article 22 of the Convention, which, on the contrary, has been voluntarily subscribed by the State party. The breach, therefore, concerns that rule, which is not legally binding, and not article 22 of the Convention. 3. It is stated in paragraph 6.3 of the Committee’s decision that “by making such a declaration” under article 22 of the Convention “States parties implicitly undertake to cooperate with the Committee in good faith by providing it with the means to examine the complaints submitted to it …” etc. 4. I agree that a State party should cooperate with the Committee in good faith, but there is no implicit or secret or unilateral clause with regard to interim measures in the Convention. Every treaty provision should be explicit, transparent and accepted by the States parties to enable the Committee to assess a violation of the treaty. 5. This is why interim measures of protection are legally binding in treaties and protocols which provide for them and are freely adhered to by States parties to those treaties or protocols. This is the case of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (art. 5), the Optional Protocol to the Convention on the Rights of Persons with Disabilities (art. 4), the International Convention for the Protection of All Persons from Enforced Disappearance (art. 31) and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (art. 5). 6. Treaties such as the Convention against Torture, which do not contain such a provision, should be either amended in accordance with their amending mechanisms or provided with an additional optional protocol to explicitly include the notion of legally binding interim measures of protection. 11