Seeking Remedies for Torture Victims: A Handbook on the Individual Complaints Procedures of the UN Tready Bodies
Follow-up procedures on individual communications will generally be drawn
to a close where the Committee deems its views to have been satisfactorily implemented. Follow-up dialogue may continue, be suspended, publicized in the
HRC Annual Report, or even closed where partial or unsatisfactory implementation of the Committee’s views has occurred. This reflects the implementation
challenges faced by the Committee, as once follow-up dialogue is closed (by the
State party or Committee) in such situations the Committee is only able to report the failure in implementation.520 Therefore, it is critical to advocate for the
continuation of the follow-up process by the HRC in order to prevent the closure of the follow-up examination of the case after a finding of a partly, not fully,
satisfactory implementation.521
It has been suggested that conclusions and recommendations on individual communications should be included in the summary report produced by OHCHR on
States parties at the Universal Periodic Review (UPR),522 which may present a more
effective platform from which to publicly ‘shame’ States into taking implementation of the Committee’s views more seriously.
2.4.2 Follow-up by the CAT Committee
The CAT Committee also has processes to follow up its Concluding Observations
pursuant to the reporting procedure, as well as individual complaints decided under Article 22.
a) Follow-up to Concluding Observations
As part of its conclusions and recommendations issued pursuant to the reporting
process under Article 19 of CAT, the CAT Committee may request that a State party
take action within a set period of time to improve a situation where it is failing to
meet its obligations under CAT. At least one Rapporteur is appointed by the CAT
Committee to follow-up on State compliance with such recommendations.523
Since the initiation of the procedure in 2003, the CAT Committee has appointed
one of its members as Rapporteurs to oversee compliance with its Concluding
Observations. The role of this Rapporteur was further defined in the CAT
520 See CCPR Centre, “Overview of the 108th session of the Human Rights Committee” (section on
Follow-up to Concluding Observations and Individual Communications), available at: http://www.
ccprcentre.org/ publication/overview-of-the-sessions/108-session-overview/.
521 As it is sometimes the case, see, e.g., HRC, Haraldsson and Sveinsson v. Island, Comm. No. 1306/2004,
follow-up, HRC, Report of the Human Rights Committee103rd and 104th session, (2012) UN Doc.
A/67/40 (Vol.I 1), p. 114–115.
522 See Press Release, “Committee discusses individual communications, case management of individual communications and follow-up to concluding observations”, 22 July 2013, para. 13, news and
media, available at: www.unog.ch.
523 CAT Committee, Rules of Procedure, Rule 72(1).
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