Seeking Remedies for Torture Victims: A Handbook on the Individual Complaints Procedures of the UN Tready Bodies
Textbox ii: Model Complaint on Torture
INDIVIDUAL COMPLAINT TO THE HUMAN RIGHTS COMMITTEE
UNDER THE OPTIONAL PROTOCOL
I. INFORMATION CONCERNING THE PETITION
The Author
Name:
Victim
Nationality:
X
Profession:
Unemployed
DOB:
12 February 1965.
Address:
Capital City, X.
(See passport at Annex 1)
The author requests that he be identified as ‘V’.
The Victim
Name:
Victim
State Party
X
Violations
Articles 7 and 10, and article 2(3) when read in conjunction with articles 7 and 10 of the ICCPR349
Representation
Name:
Mr. L
Nationality:
X
Address:
Law Firm,
Capital City, X.
(See authorization letter at Annex 2)
II. STATEMENT OF FACTS
A. CHRONOLOGY OF EVENTS
1. The author was born on 12 February 1965 in X (see passport at Annex 1). He is represented in this
communication by his lawyer, Mr L (see letter of authorization signed by the author at Annex 2)
The Arrest
2. On 23 September 2002, the author was arrested by two police officers in the City Square.
The police officers did not inform the author of the reasons for his arrest, nor did they inform
the author of his rights at the time of arrest. The police officers were not wearing any form of
personal identification at the time of arrest and consequently their identity cannot be confirmed.
The author can recall that one of the officers had a scar on his nose. He cannot remember any
other distinguishing features of the officers. Three people, who were in the City Square at the time
349 This complaint is a hypothetical scenario and is not based on any actual cases. This model complaint
in fact raises also other issues under other provisions of the ICCPR, such as Article 9 concerning
arbitrary detention. For the purposes of this Handbook, we will limit the model to illustrating presentation and arguments relating to torture and ill-treatment only. An actual complainant would
naturally raise the other ICCPR issues.
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