PART 2: Procedures of the Human Rights Commitee and the Committee against Torture
38. Letter of discontinuance from the Office of the Chief Prosecutor informing the author of the
Chief Prosecutor’s decision to drop the investigations, dated 17 April 2005.
39. Letter from Mr. L to the Chief Prosecutor outlining the inadequacies and delays of the investigation and formally requesting a reopening of the investigation, dated 19 April 2005.
40. Letter from Mr. L to the Chief Prosecutor outlining the inadequacies and delays of the investigation and formally requesting a reopening of the investigation, dated 23 June 2005.
41. Letter from the Office of the Chief Prosecutor stating its refusal to reopen the investigation,
dated 1 August 2005.
42. Statement of claim in Court of Appeal
43. Transcript of Court of Appeal decision dismissing the author’s case without reasons, dated
12 November 2005.
44. Statement of claim seeking leave to Supreme Court
45. Transcript of the refusal of the Supreme Court to grant leave to the author, dated 13 April 2006.
46. Standard Minimum Rules for the Treatment of Prisoners.
2.3 Other Procedures
2.3.1 Reporting Procedures under the ICCPR and the CAT
a) Overview of the Reporting System
The only compulsory monitoring mechanism under the ICCPR and the CAT is the
reporting system. A State party must submit an initial report within one year of
the treaty coming into force for that State, and thereafter it must submit periodic
reports at intervals dictated by the relevant Treaty or Committee. As required by
the CAT, the CAT Committee requests reports every four years;359 it has adopted
the practice of setting out, at the end of its Concluding Observations, the specific
date by which the State party examined should submit the next periodic report.
Under the ICCPR, there is no set time frame for the submission of the next periodic
reports as foreseen by the CAT. The HRC has adopted a similar practice to the CAT
Committee establishing, at the end of its Concluding Observations, a date by which
the State party examined should submit the next periodic report.360 Under this rule,
reports are usually asked to be submitted every four to five years.361
Each State party should submit a ‘core document’ at the outset of the reporting
process, that is, either before or at least with its initial report, which outlines basic
information about that State, such as its geography, demography, its constitutional,
359 CAT, Article 19, CAT Committee, Rules of Procedure, Rule 65(1).
360 HRC, Guidelines for the treaty-specific document to be submitted by States parties under article 40
of the International Covenant on Civil and Political Rights, (2010) UN Doc. CCPR/C/2009/1, para. 12.
361 However, the HRC has asked some State parties to submit the following periodic report six years
after the date of issuance of the Concluding Observations (see, e.g., Concluding Observations on
Germany, (2012) UN Doc. CCPR/C/DEU/CO/6, para. 21; and Concluding Observations on Portugal,
(2012) UN Doc. CCPR/C/PRT/CO/4, para. 17).
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