VI.
CONSIDERATION OF COMMUNICATIONS UNDER
ARTICLE 22 OF THE CONVENTION
189. 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 communications to the
Committee against Torture for consideration. Thirty-six out of 88 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, Australia,
Austria, Bulgaria, Canada, Croatia, Cyprus, Denmark, Ecuador, Finland, France,
Greece, Hungary, Italy, Liechtenstein, Luxembourg, Malta, Monaco, Netherlands,
New Zealand, Norway, Poland, Portugal, Russian Federation, Slovakia, Slovenia,
Spain, Sweden, Switzerland, Togo, Tunisia, Turkey, Uruguay, Venezuela and
Federal Republic of Yugoslavia (Serbia and Montenegro). No communication may be
considered by the Committee if it concerns a State party to the Convention that
has not recognized the competence of the Committee to do so.
190. 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.
191. 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).
At its thirteenth session, the Committee decided to amend the rules of
procedure, in order to make it possible to designate special rapporteurs from
among its members to assist in the handling of communications. This allows the
Committee to expedite the processing of communications by taking procedural
decisions (under rule 108) during intersessional periods.
192. 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 domestic 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 party
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). In cases that require expeditious consideration, the
Committee has decided to invite the States parties concerned, if they have no
objections to the admissibility of the communications, immediately to furnish
their observations on the merits of the case.
193. 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 111 of
the rules of procedure of the Committee, para. 3) and are made available to the
general public. Generally, the text of the Committee’s decisions declaring
communications inadmissible under article 22 of the Convention are also made
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