Seeking Remedies for Torture Victims: A Handbook on the Individual Complaints Procedures of the UN Tready Bodies
Interim measures may be requested by an author or by one of the Committees on
its own initiative at any time while the case is under consideration.317 A Committee
may make such a request to the relevant State when the author requests the
Committee to do so: it is, however, up to the Committee to decide whether such a request is warranted in the circumstances. If a person wishes the relevant Committee
to make a request to a State for interim measures at the time the complaint is
submitted, this should be made clear in the text of the complaint or in a separate
document attached to it in the form of a request for interim measures. If the situation is particularly urgent, such that measures must be undertaken immediately to
prevent irreparable damage to the victim, the complaint (or the petition asking for
interim measures) should be sent by the fastest means possible (usually email).318
A request from the HRC or the CAT Committee to a State for an interim measure
to be implemented does not presuppose its final views on the admissibility and
merits of the case.319 The interim measure is essentially to prevent any potential
violations while the relevant Committee takes time to consider the merits.
In practice, requests for interim measures are made by the Special Rapporteur on
New Communications within the HRC and the Rapporteur on New Complaints
and Interim Measures within the CAT Committee, normally at the time that a
complaint is transmitted to the relevant State party. The relevant Rapporteur will
only act if he or she believes that the request is warranted in the circumstances.
The State may be given an opportunity to present its perspective on the issue.320
The protection of international human rights processes and of the individual in
question takes priority over any short term inconvenience caused to the State.
The duration and scope of interim measures will depend on the specific circumstances of the case. The relevant Committee will assess the situation and request an
interim measure for the period of time necessary to protect the individual/s under
threat. In this regard, the rules of procedure of the CAT Committee set out that
the State party is entitled to submit information indicating that “the reasons for
the interim measures have lapsed” or presenting arguments “why the request for
interim measures should be lifted”.321 Normally, measures are enforceable throughout the entire process of considering the complaint, that is until the complaint is
found inadmissible or until final views on the merits are issued.
317 HRC, General Comment No. 33, para. 19; CAT Committee, Rules of Procedure, Rule 114.
318 Readers are referred to Section 2.1.2 for relevant addresses.
319 CAT Committee, Rules of Procedure, Rule 114, para. 2: “the request shall not imply a determination
of the admissibility or the merits of the complaint”; HRC, Rules of Procedure, Rule 92.
320 See wording of CAT Committee, Rules of Procedure, Rule 114, para. 1, and HRC, Rules of Procedure,
Rule 92. See also Pasqualucci (2005), p. 40. See also HRC, Weiss v. Austria, Comm. No. 1086/2002.
321 CAT Committee, Rules of Procedure, Rule 114, para. 7.
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