Seeking Remedies for Torture Victims: A Handbook on the Individual Complaints Procedures of the UN Tready Bodies
i. ICCPR
Article 5(2)(a) of the OP to the ICCPR states that:
The Committee shall not consider any complaint from an individual unless it has
ascertained that the same matter is not being examined under another procedure
of international investigation or settlement.
Therefore, the HRC will not consider complaints that are being considered at the
same time by a relevant international body. For example, in Wright v. Jamaica, a violation of the complainant’s rights had already been found under the Inter-American
Convention on Human Rights; he was nevertheless able to subsequently bring the
same complaint before the HRC.180
If a complaint is deemed inadmissible under Article 5(2)(a), the complainant can
resubmit the complaint once the consideration of his complaint by the other international body has concluded.
A relevant international procedure for the purposes of Article 5(2)(a) is an analogous international individual complaints procedure, such as those available
under the European Convention on Human Rights, the American Convention on
Human Rights, the African Charter, the CAT, the Convention on the Elimination of
all forms of Discrimination Against Women, the International Convention on the
Elimination of all forms of Racial Discrimination, the Convention on the Rights
of Persons with Disabilities, the International Convention for the Protection of
All Persons from Enforced Disappearance or the International Covenant on
Economic, Social and Cultural Rights.
Reports or investigations under other international mechanisms and procedures
addressing or touching upon the same or similar cases do not generally render the
complaint inadmissible. This situation has arisen in several cases, most of them
concerning enforced disappearance, where the facts were brought to the attention
of other UN mechanisms, aside from the HRC, such as the Working Group on
Enforced or Involuntary Disappearances,181 the Special Rapporteur on torture and
other cruel, inhuman or degrading treatment or punishment182 or the procedure
established on the basis of ECOSOC Res. 1503 (XVLIII).183 The HRC has consistently
ascertained that:
[E]xtra-conventional procedures or mechanisms established by the former
Commission on Human Rights [such as the UN Working Group on Enforced
or Involuntary Disappearances and the Special Rapporteur on torture],
the Human Rights Council or the Economic and Social Council, and whose mandates
180
181
182
183
72
HRC, Wright v. Jamaica, Comm. No. 349/1989.
See, among others, HRC, Mezine v. Algeria, Comm. No. 1779/2008, para. 7.2.
HRC, Benali v. Libya, Comm. No. 1805/2008, para. 5.2.
HRC, Kalamiotis v. Greece, Comm. No. 1486/2008, para. 6.3.
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