CAT/C/3/Rev.6
the Committee in order to provide further clarifications or to answer questions on the merits
of the complaint. Whenever one party is so invited, the other party shall be informed and
invited to attend and make appropriate submissions. The non-appearance of a party will not
prejudice the consideration of the case.
5.
The Committee may revoke its decision that a complaint is admissible in the light of
any explanations or statements thereafter submitted by the State party pursuant to this rule.
However, before the Committee considers revoking that decision, the explanations or
statements concerned must be transmitted to the complainant so that he/she may submit
additional information or observations within a time limit set by the Committee.
Rule 118
Findings of the Committee; decisions on the merits
1.
In those cases in which the parties have submitted information relating both to the
questions of admissibility and the merits, or in which a decision on admissibility has
already been taken and the parties have submitted information on the merits, the Committee
shall consider the complaint in the light of all information made available to it by or on
behalf of the complainant and by the State party concerned and shall formulate its findings
thereon. Prior thereto, the Committee may refer the communication to the Working Group
or to a case Rapporteur designated under rule 112, paragraph 3, to make recommendations
to the Committee.
2.
The Committee, the Working Group, or the Rapporteur may at any time in the
course of the examination obtain any document from United Nations bodies, specialized
agencies, or other sources that may assist in the consideration of the complaint.
3.
The Committee shall not decide on the merits of a complaint without having
considered the applicability of all the admissibility grounds referred to in article 22 of the
Convention. The findings of the Committee shall be forwarded, through the SecretaryGeneral, to the complainant and to the State party concerned.
4.
The Committee’s findings on the merits shall be known as “decisions”.
5.
The State party concerned shall generally be invited to inform the Committee within
a specific time period of the action it has taken in conformity with the Committee’s
decisions.
Rule 119
Individual opinions
Any member of the Committee who has participated in a decision may request that
his/her individual opinion be appended to the Committee’s decisions.
Rule 120
Follow-up procedure
1.
The Committee may designate one or more Rapporteur(s) for follow-up on decisions
adopted under article 22 of the Convention, for the purpose of ascertaining the measures
taken by States parties to give effect to the Committee’s findings.
2.
The Rapporteur(s) may make such contacts and take such action as appropriate for
the due performance of the follow-up mandate and report accordingly to the Committee.
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