investigation or settlement. Some State parties have made reservations to
exclude the competence of the Committee not only in relation to cases being examined but also to cases that have been examined and decided by
another international mechanism. The Committee considers that the Human
Rights Council’s complaint procedure, special rapporteurs or working groups
do not constitute such a mechanism. Accordingly, a complaint to the Human
Rights Committee will not be declared inadmissible if it has also been submitted to one of these mechanisms of the Human Rights Council.
As to what constitutes “the same matter”, the Committee understands it as
relating to the same author, the same facts and the same substantive rights.
Facts that have been submitted to another international mechanism can be
brought before the Committee if the Covenant provides for broader protection. Furthermore, complaints dismissed by other international mechanisms
on procedural grounds are not considered to have been substantively examined; the same facts may therefore be brought before the Committee.
The Human Rights Committee has developed some exceptions to the rule
that it cannot examine facts that occurred before the entry into force of the
Optional Protocol for the State party concerned. Thus, the Committee will
examine a complaint regarding facts that occurred before the date of entry
into force if, subsequent to that date, there has been a court decision or some
other State act validating those facts.
B. Procedure under the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment
The Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment was adopted on 10 December 1984. It prohibits torture and cruel, inhuman or degrading treatment or punishment and,
among other obligations, requires States parties not to return persons to
countries where there are substantial grounds for believing they would face
torture. It also imposes a series of measures aimed at ensuring that acts of
torture, wherever they are committed, are appropriately investigated and
prosecuted. The substantive obligations are set out in Part I of the Convention
(arts. 1–16) and the complaint mechanism is established by article 22. State
parties may make a declaration under that article, recognizing the competence of the Committee against Torture—a panel of 10 independent experts
that meets twice a year—to consider complaints from individuals alleging
violations of their rights under the Convention.15
15
For more information on the Committee against Torture, see OHCHR Fact Sheet No. 17 or the
Committee’s web page: http://www2.ohchr.org/english/bodies/cat/index.htm (accessed 28
March 2013).
14
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