PART 2: Procedures of the Human Rights Commitee and the Committee against Torture breach of the right to property could not be brought under either treaty, as the right to property itself is not protected under either treaty.82 Allegations regarding torture, cruel, inhuman or degrading treatment or punishment clearly raise issues under both the ICCPR and the CAT. However, the ICCPR protects many more rights, so it can be advisable to submit a complaint to the HRC (if the relevant State is a party to the OP) rather than the CAT Committee if one’s allegations go beyond the issue of torture and cruel treatment, and extend, for example, to the issues of arbitrary detention or discrimination, or the violation of the right to a fair trial. However, other considerations may also come into play, such as the greater speed with which the CAT Committee may determine the complaint and the special stigma that can be attached to a condemnation by the CAT Committee. Considerations of strategic litigation can also influence the choice of the forum especially when concerning systemic issues of non-implementation by States. Even a case regarding torture, cruel, inhuman or degrading treatment or punishment may be dismissed for failure to raise a substantive claim if the alleged ill-treatment is not so severe as to be classified as torture or one of the other prohibited forms of ill-treatment. In this regard, readers should refer to Parts III and IV of this Handbook for the case-law on the meaning of torture, cruel, inhuman or degrading treatment or punishment under, respectively, the ICCPR and the CAT. For example, an insult by a police officer may seem to be degrading to the target of that insult but is probably not always severe enough of itself to be deemed a breach of either instrument.83 Finally, a person may simply fail to submit enough evidence to establish the admissibility of his or her claims.84 Readers are referred to Section 2.1.2 for advice on how to submit a complaint and the type of evidence that might help to establish a case, as well as Textbox ii for a model complaint. ii. Ratione Temporis Under Article 1 of the OP, complaints may only be submitted against States parties to the OP. Similarly, complaints may only be submitted under CAT against States that have made a declaration under Article 22 of that treaty. One consequence of these requirements is that the violation must relate to an incident that takes place after a particular date. That particular date is: 82 83 84 See, e.g., HRC, O.J. v. Finland, Comm. No. 419/1990. The insult itself could breach human rights if it had an element of vilification. See, in this regard, Article 20 of the ICCPR and Article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), opened for signature and ratification by General Assembly resolution 2106 (XX) of 21 December 1965, entered into force on 4 January 1969. See, e.g., HRC, Bazarov v. Uzbekistan, Comm. No. 959/2000, para. 7.3. 53