Seeking Remedies for Torture Victims: A Handbook on the Individual Complaints Procedures of the UN Tready Bodies – States parties must ensure that the rights in the ICCPR are protected by domestic laws and other measures. – States parties must ensure that a person who has suffered a breach of his or her rights has access to an effective domestic remedy in respect of that breach. – States parties should ensure that the domestic remedy is properly enforced. There are two Optional Protocols to the ICCPR. A State party to the ICCPR can choose whether to ratify one or both Optional Protocols: it does not have to ratify either. It is not possible for a State to become a party to either Optional Protocol if it is not a party to the ICCPR. The First Optional Protocol was adopted by the UN General Assembly in 1966, and came into force in 1976. Ratification by a State of the First Optional Protocol permits the submission of individual complaints about violations of the ICCPR by that State to the HRC. As of 1 October 2013, there were 115 States parties to the First Optional Protocol. It is discussed extensively in this Handbook. The Second Optional Protocol was adopted by the UN General Assembly in 1989 and came into force in 1991. It prohibits the death penalty, which is not totally prohibited under the ICCPR itself.27 As of 1 October 2013, there were 78 States parties to the Second Optional Protocol. 1.3 The Human Rights Committee The Human Rights Committee (HRC) is established under Article 28 of the ICCPR. Its functions are outlined in Part IV of the treaty. It has the role of monitoring and supervising the implementation by States parties of their obligations under the treaty. The HRC is composed of 18 members. Each member is nominated by a State party, and is elected by secret ballot by the States parties. Each member serves a four-year term, and may be re-elected if renominated. States parties should ensure that there is an equitable geographic mix of HRC members. Members “shall be persons of high moral character and recognized competence in the field of human rights”.28 A member serves in his or her personal capacity and not as a representative of his or her nominating State.29 The HRC meets three times a year,30 twice at UN headquarters in Geneva, and once at the main headquarters in New York City. Each meeting lasts for three weeks. Working Groups of the HRC, which perform various functions, convene for 27 28 29 30 32 See Articles 6(2)–6(6), ICCPR. See also Sections 3.2.11 and 4.5. Article 28(2), ICCPR. Article 28(3), ICCPR. See HRC, Rules of Procedure, (2012) UN Doc. CCPR/C/3/Rev.10 (hereinafter, HRC, Rules of Procedure, reproduced in full in Appendix 4), Rule 2(1).