PART 2: Procedures of the Human Rights Commitee and the Committee against Torture
– The Committee and representatives from the State party have a constructive dialogue over the contents of the report in the plenary session at which
the State party is examined.
– The Committee adopts Concluding Observations on the report and
the dialogue.
– The Concluding Observations, and particularly any priority areas of concern noted in those Observations, are followed up by the relevant Committee. The State party provides follow-up information on the Principal
Subjects of Concern and Recommendations within one year of the issuance of the Concluding Observations. NGOs are also encouraged to send
submissions regarding the follow-up.
– If necessary, there is ongoing follow-up dialogue between the Committee
and the State party.
– A list of issues prior to reporting (LoIPR) is transmitted to the State
party prior to the submission of the respective periodic report
(see Section below).
– State party submits its next report (reply to the LoIPR) as requested by the
Committee, and the process begins again.
Exceptionally, a Committee will request an emergency report, when it believes
that a human rights crisis of some form is under way in a relevant State.371
This was recently the case at the CAT Committee with Syria. However, the State
failed to submit the requested special report, and therefore was examined in the
absence of a report.372 A Committee may also call for an earlier report as part of the
process of following up the Concluding Observations.
b) Reform of the Reporting System
The reporting system of both the CAT Committee and the HRC has been the subject of much criticism in the past decade, due to its unwieldy nature. A significant
issue was the fact that, even with the high number of late reports, there was often
a considerable time gap between the submission of a report and its examination.
The Committees’ part time nature does not allow them sufficient time to address
reports in a timely manner. Often States would be requested to submit updated information prior to the dialogue, due to the time gap between submission
and dialogue.
371
See CAT, Article 19(1); see also Joseph S., “New Procedures concerning the Human Rights Committee’s Examination of State Reports”, (1995) 13, Netherlands Quarterly on Human Rights, p. 5, pp. 13–23.
372 Concluding Observations on the Syrian Arab Republic in the absence of a report, (2012) UN Doc.
CAT/C/SYR/CO/1/Add.2.
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