Seeking Remedies for Torture Victims: A Handbook on the Individual Complaints Procedures of the UN Tready Bodies the initial complaint, both regarding the admissibility and the merits,241 within six months from the date on which the complaint was communicated to it.242 If the State party wishes to challenge the admissibility, it should, within the first two months of that period, ask for the communication to be rejected as inadmissible, providing arguments for such inadmissibility.243 The author will then have an opportunity to respond to the State’s submissions within a set time frame, and this process may happen more than once.244 Often a State party will contest some or even all of the author’s assertions. In responding to such contentions, the author should address the State’s arguments point by point. The author should highlight any flaws or inconsistencies in the State’s reasoning, and any gaps in the evidence that it puts forward (e.g. an absence of relevant documentary evidence). The author’s reply will then be sent to the State, and often the two parties (State and author) will have another ‘round’ of arguments. A party is always given the opportunity, within time limits, to respond to any new arguments submitted by the other. On each occasion that an author responds to a State, he or she should address its arguments point by point, highlighting flaws and inconsistencies if any. Finally, an author should inform the Committee of any significant developments which arise during the currency of the complaint such as, for example, the passage of relevant new legislation by a State, developments in an investigation, the release or death of a person, and so on. It must be highlighted that it may happen that a State party fails to submit its observations on the admissibility and/or merits a case. In this case, several reminders are sent to the State Party and, in the absence of reply, both Committees will take a decision on the admissibility and/or merits based on the information they have in the file, that is, the information submitted by the complainant.245 e) Establishment of Facts An author should submit as detailed an account of the facts as possible, even though this might be a painful experience to record. All relevant information, such as relevant dates, names, and locations, should be included.246 An account is 241 “Unless the Committee, working group or special rapporteur has decided, because of the exceptional nature of the case, to request a written reply that relates only to the question of admissibility”, HRC, Rules of Procedure, Rule 97(2). Similarly, see CAT Committee, Rules of Procedure, Rule 115(2). 242 HRC, Rules of Procedure, Rule 97(2); CAT Committee, Rules of Procedure, Rule 115(1). 243 HRC, Rules of Procedure, Rule 97(2); CAT Committee, Rules of Procedure, Rule 115(3). 244 HRC, Rules of Procedure, Rule 97(4); CAT Committee, Rules of Procedure, Rule 115(4), (5), Rule 117. 245 UN Fact Sheet No.7, Rev. 2 (2013), p. 6. See also, inter alia, HRC, Njaru v. Cameroon, Comm. No. 1353/2005, para. 4. 246 See Model Complaint, Textbox ii, paras. 1–25. 84

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