PART 2: Procedures of the Human Rights Commitee and the Committee against Torture
– A detailed description of the facts and circumstances of the alleged violations, in chronological order, and an explanation indicating how
those facts amount to violations of the relevant Articles of the Covenant
or Convention.
– Relevant supporting documentation (written authorization to act if the
complaint is brought on behalf of another person and the absence of specific authorization has not been justified; decisions of domestic courts and
authorities addressing the author’s claim; complaints to and decisions by
any other procedure of international settlement; any documentation or
other evidence substantiating the description of the facts and claims).
– The author’s signature.
b) Legal Advice and Representation
An author may authorize another person to act on his or her behalf in submitting the complaint, and in liaising with the Committee throughout the consideration of the complaint. Such authorization should be in writing with a signature.
There is no formal authorization form.
It is not necessary for a communication to be submitted by a qualified lawyer.212
However, if possible, it is preferable for a victim to seek legal assistance in drafting
and submitting his or her complaint. The involvement of a lawyer in the drafting
process should improve its quality and therefore its chances of success.
c) Costs of Submission
The process of submitting a complaint is free: there are no costs incurred as such if
a UN treaty body should consider one’s complaint. However, costs may be incurred
in preparing the complaint. For example, costs may be incurred in procuring legal
advice or retaining a lawyer to handle the communication, in translating documents, and in obtaining copies of relevant documentation. No legal aid is available
from the UN.213 Access to legal aid will depend on its availability under the relevant
national legal system. In some instances, local lawyers or (national or international) NGOs may be willing to assist on a pro bono basis, that is, free of charge, or for
a substantially reduced rate.
d) Pleadings
Complaints are generally decided on the basis of written submissions. Nevertheless,
the rules of procedure of the CAT Committee foresee the possibility to invite the
complainant or his or her representative and the representatives of the State party
212 UN Fact Sheet No.7, Rev.2 (2013), p. 2.
213 Ibid., p. 4.
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