A great number of complaints are submitted by asylum seekers who claim that, if deported to their country of origin, they will be at risk of being subjected to torture. Thus, the Committee must determine whether States against which the complaint is submitted would violate article 3 of the Convention should the deportation take place. Additional pointers A complaint will be declared inadmissible not only if it is under examination by another procedure of international investigation or settlement but also if the same matter has in the past been the subject of a decision under such a procedure.16 Moreover, the Committee’s rules of procedure state that a complaint may be rejected as inadmissible if the time elapsed since the exhaustion of domestic remedies is so unreasonably prolonged as to render consideration of the complaint by the Committee or the State party unduly difficult. When examining the case the Committee may, on the basis of its rules of procedure, invite the parties to be present at specified closed meetings to provide further clarification or to answer questions on the merits of the complaint. However, such instances are exceptional and a case will not be prejudiced should the complainant fail to attend in person. When the Committee finds that a State action or proposed action, for example in the case of a pending removal to a country where a person might be at risk of torture, has violated or would violate the State party’s obligations under the Convention, it forwards its decision to the State party with a request for information on the implementation of the recommendations within 90 days. In the light of the information provided, the Committee will take such further action as may be appropriate under its follow-up procedure. C. Procedure under the International Convention on the Elimination of All Forms of Racial Discrimination The International Convention on the Elimination of All Forms of Racial Discrimination, adopted on 21 December 1965, sets out a series of obligations for State parties to ensure the legal and practical enjoyment of the right to be free from racial discrimination. The substantive obligations are set out in Part I of the Convention (arts. 1–7). State parties may make a declaration under article 14, accepting the competence of the Committee on the Elimination of Racial Discrimination—a panel of 18 independent experts that meets twice a year—to consider complaints from individuals or groups of individuals alleging violations of their rights under the Convention.17 See article 22, paragraph 4 (a), of the Convention. For more information on the Committee on the Elimination of Racial Discrimination, see OHCHR Fact Sheet No. 12 or the Committee’s web page: http://www2.ohchr.org/english/ bodies/cerd/index.htm (accessed 28 March 2013). 16 17 15