VI.
CONSIDERATION OF COMMUNICATIONS UNDER
ARTICLE 22 OF THE CONVENTION
i
e
370. Under article 22 of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, individuals who claim that any
of their rights enumerated in the Convention have been violated by a State
party and who have exhausted all available domestic remedies may submit
written communications to the Committee against Torture for consideration.
Twenty-eight out of 66 States that have acceded to or ratified the Convention
have declared that they recognize the competence of the Committee to receive
and consider communications under article 22 of the Convention. Those States
are: Algeria, Argentina, Austria, Canada, Denmark, Ecuador, Finland, France,
Greece, Hungary, Italy, Liechtenstein, Luxembourg, Malta, Monaco, the
Netherlands, New Zealand, Norway, Portugal, Russian Federation, Spain, Sweden,
Switzerland, Togo, Tunisia, Turkey, Uruguay and Yugoslavia. No communication
may be received by the Committee if it concerns a State party to the
Convention that has not recognized the competence of the Committee to do so.
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371. Consideration of communications under article 22 of the Convention takes
place in closed meetings (art. 22, para. 6). All documents pertaining to the
work of the Committee under article 22 (submissions from the parties and other
working documents of the Committee) are confidential.
372. In carrying out its work under article 22 of the Convention, the
Committee may be assisted by a working group of not more than five of its
members, which submits recommendations to the Committee regarding the
fulfilment of the conditions of admissibility of communications or assists it
in any manner which the Committee may decide (rule 106 of the rules of
procedure of the Committee).
373. A communication may not be declared admissible unless the State party has
received the text of the communication and has been given an opportunity to
furnish information or observations concerning the question of admissibility,
including information relating to the exhaustion of dom~stic remedies
(rule 108, para. 3). Within six months after the transmittal to the State
party of a decision of the Committee declaring a communication admissible, the
State paJ:'ty shall submit to the Committee written explanations or statements
clarifying the matter under consideration and the remedy, if any, which has
been taken by it (rule 110, para. 2).
374. The Committee concludes examination of an admissible communication by
formulating its views thereon in the light of all information made available
to it by the complainant and the State party. The views of the Committee are
communicated to the parties (art. 22, para. 7, of the Convention and rule Ill,
para. 3) and are made available to the general public. As a rule, the text of
the Committee's decisions declaring communications inadmissible under
article 22 of the Convention are also made public.
375. Pursuant to rule 112 of its rules of procedure, the Committee shall
inclUde in its annual report a summary of the communications examined. The
Committee may also include in its annual report the text of its views under
article 22, paragraph 7, of the Convention and the text of any decision
declaring a communication inadmissible.
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