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
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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.
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