Seeking Remedies for Torture Victims: A Handbook on the Individual Complaints Procedures of the UN Tready Bodies A complaint is considered in two stages: admissibility and merits. Admissibility criteria are discussed in Section 2.1.1, and every successful complaint must satisfy these criteria. If a case is declared wholly inadmissible, that is the end of its consideration. If a case is found admissible, in whole or in part, the HRC or the CAT Committee will then consider the “merits” of the case. That is, it will be considered whether the facts give rise to a violation of the ICCPR or the CAT. The ultimate merits decision will contain either a finding or findings of violation, a finding or findings of non-violation, or a mixture of such findings. a) Procedure within the HRC and the CAT Committee i. Preliminary Decisions Regarding Registration and Admissibility The Special Rapporteur may decide that a case should be registered, but nevertheless recommend immediate dismissal on the basis of inadmissibility. The HRC or the CAT Committe will generally adopt this recommendation. Such recommendations arise when the complaint clearly fails to comply with admissibility requirements. Otherwise the communication is considered by a Working Group on Communications. This Working Group consists of at least five Committee members in the case of the HRC278 and of between three to five members in the case of the CAT Committee279 and meets shortly prior to the regular plenary meetings.280 The Working Group may recommend that the case be declared inadmissible without seeking a response from the relevant State party if it believes that it clearly fails the admissibility criteria.281 The Committees tend to adopt such a recommendation, though they can choose to reject it. If it is not turned down at this initial stage, the complaint is transmitted to the relevant State party for its responses. ii. Interim Measures In some circumstances, an author may want the HRC or the CAT Committee to request a State to take interim measures to prevent actions which might cause the author irreparable harm.282 For example, a person on death row who is challenging that sentence might be executed, or a person challenging his or her deportation 278 279 280 281 HRC, Rules of Procedure, Rule 93(3). CAT Committee, Rules of Procedure, Rule 112. HRC, Rules of Procedure, Rule 95; CAT Committee, Rules of Procedure, Rule 112. See “How to Complain about Human Rights Treaty Violations: The Covenant on Civil and Political Rights – Description”, para. 2, available at: http://www.bayefsky.com/complain/10_ccpr.php. 282 See Section 2.2. 92