PART 1: Overview of the Human Rights Committee and the Committee Against Torture also related to numerous miscellaneous issues, such as the State’s rights of reservation,39 denunciation,40 and derogation41 under the ICCPR. General Comments have also related to a theme42 and to reporting obligations.43 General Comments are extremely useful tools for interpreting the ICCPR. The most relevant General Comments on the issue of torture, cruel, inhuman or degrading treatment and punishment are General Comments No. 20 (on Article 7) and No. 21 (on Article 10). The meaning of Articles 7 and 10 of the ICCPR is analysed in Part III, which contains many references to those General Comments. 1.3.4 Interstate Complaints Under Article 41 of the ICCPR, a State party may declare that the HRC is competent to hear complaints about violations of the ICCPR by that State party from another State party. Article 41 sets out a complex procedure for the resolution of such complaints. This procedure will not be discussed in this Handbook as it has never been used. 1.4 The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment The Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) is an international human rights treaty, which aims to eradicate the practice of torture in all countries across the world. The CAT represents the most detailed international codification of standards and practices which aim to protect individuals from torture and other cruel, inhuman or degrading treatment or punishment. The CAT is reproduced in full at Appendix 3. The seeds from which the CAT evolved can be traced back to the global affirmation of the existence and value of human rights, which emerged after the atrocities of the Second World War. However, the real momentum for a treaty aimed specifically at the eradication of torture began in December 1973 at the first International 39 40 41 42 43 HRC, General Comment No. 24. A reservation is entered by a State upon ratification of a treaty. It signals that the State wishes to modify the treaty obligations, and normally signals an intention not to be bound by certain provisions. HRC, General Comment No. 26. A State party ‘denounces’ a treaty by withdrawing from it. Denunciation means that a State is no longer bound by a treaty that it was once party to. Basically, the HRC has held that States parties have no right to withdraw from the ICCPR or the Second Optional Protocol once they have ratified one or both of those treaties. They do have a right to denounce the OP. HRC, General Comment 29. States may sometimes derogate from, or suspend, certain treaty provisions, in times of crisis or public emergency. See, e.g.,HRC, General Comment No. 15 on the Position of Aliens under the ICCPR. HRC, See General Comment Nos. 1, 2 and 30. 35

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