Seeking Remedies for Torture Victims: A Handbook on the Individual Complaints Procedures of the UN Tready Bodies
of a complaint can be considered, practical guidance on how to submit a complaint,
and the process by which the respective treaty body examines a complaint.
Part 2.2 addresses the issue of interim measures. In certain situations, a person
may not be able to wait for a treaty body to make a decision on whether he or she
has suffered from a human rights violation; there may be a situation of urgency
where interim protection must be guaranteed to ensure that irreparable harm is
not done to a person while he/she awaits the final decision of the relevant committee. The process by which interim measures are requested, and the situations
in which they are granted, are addressed in part 2.2.
Part 2.3 focuses on other procedures available in the UN, such as reporting procedures, the inquiry procedure available under CAT, the new procedures available
under the Optional Protocol to CAT, the mandate of the Special Rapporteur on
Torture, and the Working Group on Arbitrary Detention. Part 2.4 focuses on the
follow-up procedures of the HRC and the CAT Committee.
Part III focuses on the jurisprudence, that is the law developed from cases and other sources, of the HRC under the ICCPR on the issue of torture, and cruel, inhuman
or degrading treatment and punishment. Part IV performs the same function with
regard to the jurisprudence of the CAT Committee.
Part V discusses the CEDAW Convention and the procedures for filing individual
complaints under its Optional Protocol. Existing patterns of discrimination against
women affect women’s ability to enjoy their rights, not least their right to be free
from torture and other forms of ill-treatment. Moreover, discriminatory laws and
policies may affect women’s abilities to seek redress before national courts for such
violations. As explained in this part of the Handbook, individual complaints arising
in both of these contexts are admissible before the CEDAW Committee.
There are three Texboxes, two Tables and 12 Appendices in this Hanbook. Textbox i
contains a flow-chart showing the various stages of consideration of a complaint
filed before the Human Rights Committee. Textbox ii contains a model complaint
of torture and cruel, inhuman or degrading treatment under Articles 7 and 10 of
the ICCPR. The purpose of this model complaint is to demonstrate how a complaint should be structured, the types of arguments that should be raised and the
types of evidence that should be submitted, in order to maximise one’s chance of
success. Textbox iii contains information on the mandate and working methods
of the Special Rapporteur on Violence against Women. The two Tables contain
lists of countries that have ratified the relevant Optional Protocols (ICCPR and
CEDAW) and made declarations under Article 22 of the CAT (authorising individual
complaints) and the relevant dates of such ratifications. These tables are usefully
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