requests from relatives of a disappeared person or their legal representatives,
their counsel or any person authorized by them, as well as by any other person having a legitimate interest, that a disappeared person should be sought
and found. The Committee will transmit the communication to the State party
concerned, requesting it to provide observations and comments within a time
limit set by the Committee.
Moreover, if the violations amount to widespread or systematic acts (i.e.,
crimes against humanity), the Committee may, after seeking from the State
party concerned all relevant information on the situation, bring the matter
to the urgent attention of the United Nations General Assembly through the
Secretary-General under article 34.
G. Early warning and urgent action by the Committee on
the Elimination of All Forms of Racial Discrimination
Although not provided for in the Convention, in 1993 the Committee on the
Elimination of All Forms of Racial Discrimination established an early warning and urgent action procedure for the prevention of serious violations of
its Convention. Under this procedure, the Committee may seek information
from State parties and may adopt a decision expressing specific concerns,
addressed not only to the States in question, but also to the Human Rights
Council and its special procedures, the Special Adviser of the SecretaryGeneral on the Prevention of Genocide, as well as the High Commissioner
for Human Rights and the Secretary-General, with a recommendation that
the matter should be brought to the attention of the Security Council. The
Committee can take action under the procedure on its own initiative or on
the basis of information submitted by third parties.
H. Optional Protocol to the Convention against Torture and
the Subcommittee on Prevention of Torture
The Optional Protocol to the Convention against Torture provides a practical means to assist State parties in meeting their obligations to prevent and
combat torture and other forms of ill-treatment by establishing a global system
of regular visits to all places where persons are, or may be, deprived of their
liberty. Its innovative two-pronged approach relies on an international body,
the Subcommittee on Prevention of Torture, as well as on national preventive
mechanisms which must be established or designated by each State party.
In order for the Subcommittee to fulfil its mandate, it is granted considerable
powers under article 14 of the Optional Protocol. Each State party is required to allow visits by the Subcommittee to any place under its jurisdiction
and control where persons are or may be deprived of their liberty, either by
virtue of an order given by a public authority or at its instigation or with its
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