Seeking Remedies for Torture Victims: A Handbook on the Individual Complaints Procedures of the UN Tready Bodies
The performance of the first four functions operates very similarly to performance
of the same functions by the HRC. In this introductory commentary, we will only
identify where practices are materially different from those of the HRC with regard
to those first four functions.
1.5.1 Reporting Function
The process of reporting is very similar to that within the HRC. The main difference is that reports are generally supposed to be submitted every four years
rather than every five years. The reporting process is discussed in Section 2.3.1 of
this Handbook.
1.5.2 Individual Complaints Process
If a State party to the CAT makes a relevant declaration under Article 22 thereof, individuals may submit complaints regarding violations of the CAT by that
State to the CAT Committee. The complaints process is discussed in Section 2.1
of this Handbook. For a list of States parties that have made the declaration under
Article 22, see Table 1 above.
1.5.3 General Comments
The CAT Committee is empowered to issue General Comments, directed to all
States parties. By 1 October 2013, the CAT Committee had issued three General
Comments: General Comment No. 1 on the implementation of Article 3 of CAT in
the context of Article 22 (individual complaints);54 General Comment No. 2 on the
implementation of Article 2;55 and General Comment No. 3 on the implementation
of Article 14.56 These General Comments are invaluable tools for interpreting relevant parts of the CAT.
1.5.4 Interstate Complaints
Under Article 21 of the CAT, a State party may declare that the CAT Committee is
competent to hear complaints about violations of the CAT by that State party from
another State party. This procedure will not be discussed in this Handbook as it has
never been used.
54
55
56
38
CAT Committee, General Comment No. 1, Implementation of Article 3 in the context of Article 22,
(1998) UN Doc. A/53/44m Annex IX at 52, reprinted in Compilation of General Comments and
General Recommendations Adopted by Human Rights Treaty Bodies, (2003) UN Doc. HRC/GEN/1/
Rev.6 at 279 (hereinafter, General Comment No. 1).
CAT Committee, General Comment No. 2.
CAT Committee, General Comment No. 3, Implementation of Article 14 by States Parties, (2012) UN
Doc. CAT/C/GC/3 (hereinafter, General Comment No. 3).
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