PART 2: Procedures of the Human Rights Commitee and the Committee against Torture
To obtain more information and eventual assistance on how to engage with the relevant Committee, it is advisable to visit the HRC or CAT Committee website and/or
to contact the Committee’s Secretariat. Organisations working regularly with the
Committees, such as the World Organisation Against Torture, may provide practical information and further guidance on the submission of alternative reports
and ways to ensure that the HRC and CAT Committee issue recommendations on
the basis of credible NGO information.
2.3.2 CAT Inquiry Procedure
Article 20 of CAT acts as a monitoring mechanism which can be invoked when the
CAT Committee (“the Committee”, in this section) receives information suggesting
that systematic acts of torture are occurring within a State. The CAT Committee
has adopted the following definition of “systematic practice of torture”:
The Committee considers that torture is practiced systematically when it is apparent
that the torture cases reported have not occurred fortuitously in a particular place
or at a particular time, but are seen to be habitual, widespread and deliberate in at
least a considerable part of the territory of the country in question. Torture may
in fact be of a systematic character without resulting from the direct intention of
a Government. It may be the consequence of factors which the Government has
difficulty in controlling, and its existence may indicate a discrepancy between policy as determined by the central Government and its implementation by the local
administration. Inadequate legislation which in practice allows room for the use of
torture may also add to the systematic nature of this practice.392
Persons wishing to utilize Article 20 should submit their evidence and information
to the UN Secretary-General who will bring it before the Committee.393 Such information must meet certain criteria in order to be considered by the Committee.
First, the State concerned must have recognized the competence of the Committee
to respond to information submitted under Article 20. Under Article 28(1),
States parties may deny such competence to the Committee at the time of ratification or accession of the treaty. A State which has so opted not to recognize competence may later recognize the competence of the Committee under Article 28(2).
Second, the submitted information must be “reliable” and “well founded”, and must
reflect the existence of a systematic practice of torture within the relevant State.394
a) Gathering Information
Article 20 inquiries should operate with the full consent of, and in cooperation with,
the State under scrutiny. Once the Committee has established that the information
392 “Summary account of the results of the proceedings concerning the inquiry on Turkey”, (1993) UN
Doc. A/48/44/ADD.1 (Inquiry under Article 20), para. 39.
393 CAT Committee, Rules of Procedure, Rule 75(1).
394 Ibid., Rule 82(1).
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