VI. CONSIDERATION OF COMPLAINTS UNDER ARTICLE 22
OF THE CONVENTION
126. Under article 22 of the Convention, individuals who claim to be victims of a violation by
a State party of the provisions of the Convention may submit a complaint to the Committee
against Torture for consideration, subject to the conditions laid down in that article. Fifty-six out
of 151 States that have acceded to or ratified the Convention have declared that they recognize
the competence of the Committee to receive and consider complaints under article 22 of the
Convention. The list of those States is contained in annex III. No complaint may be considered
by the Committee if it concerns a State party to the Convention that has not recognized the
Committee’s competence under article 22.
127. Consideration of complaints 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, i.e. submissions from the parties and other working documents of the Committee, are
confidential.
128. Pursuant to rule 107 of the rules of procedure, with a view to reaching a decision on the
admissibility of a complaint, the Committee, its working group, or a rapporteur designated under
rules 98 or 106, paragraph 3, shall ascertain: that the individual claims to be a victim of a
violation by the State party concerned of the provisions of the Convention; that the complaint is
not an abuse of the Committee’s process or manifestly unfounded; that it is not incompatible
with the provisions of the Convention; that the same matter has not been and is not being
examined under another procedure of international investigation or settlement; that the
complainant has exhausted all available domestic remedies and that the time elapsed since the
exhaustion of domestic remedies is not unreasonably prolonged as to render consideration of the
claims unduly difficult for the Committee or the State party.
129. Pursuant to rule 109 of the rules of procedure, a complaint shall be transmitted as soon as
possible after registration to the State party, requesting a written reply within six months. Unless
the Committee, the working group or a rapporteur decide, because of the exceptional nature of
the case, to request a reply only in respect of the question of admissibility, the State party shall
include in its reply explanations or statements relating both to the admissibility and the merits of
the complaint, as well as to any remedy that may have been provided. A State party may apply,
within two months, for the complaint to be rejected as inadmissible. The Committee, or the
Rapporteur for new complaints and interim measures, may agree or refuse to split consideration
of admissibility from that of the merits. Following a separate decision on admissibility, the
Committee sets the deadline for submissions on a case-by-case basis. The Committee, its
working group or rapporteur(s) may request the State party concerned or the complainant to
submit additional written information, clarifications or observations, and shall indicate a time
limit for their submission. Within such time limits as indicated by the Committee, its working
group or rapporteur(s), the State party or the complainant may be afforded an opportunity to
comment on any submission received from the other party. Non-receipt of submissions or
comments should not generally delay the consideration of the complaint. If the State party
and/or the complainant is unable to submit the information requested within set deadlines, they
are urged to apply for an extension of the deadline. In the absence of such a request, the
Committee or its working group may decide to consider the admissibility and/or merits of the
complaint on the basis of the information contained in the file. At its thirtieth session, the
Committee decided to include a standard paragraph to that effect in any note verbale or letter of
52
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents