PART 2: Procedures of the Human Rights Commitee and the Committee against Torture
the admissibility of the complaint, the decision is taken in plenary session by the
HRC. The majority decision will prevail,292 though members may append separate
or dissenting opinions regarding the admissibility of a complaint. All debates and
decisions regarding admissibility are taken in closed session. If a complaint is
deemed to be wholly inadmissible, that is the final decision. The decision, and
the reasons for it, as well as any dissenting or separate opinions, are made public.
Exceptionally, the HRC may reverse its decision that a complaint is admissible.
This circumstance may arise if the State party submits further information which
establishes that the admissibility requirements have not been satisfied.293
Under the Rules of Procedure of the CAT Committee, the Committee will decide
“as soon as practicable” whether a complaint is admissible or not under Article 22
of the CAT Committee by simple majority.294 If it is first dealt with by the Working
Group, it may declare a complaint to be admissible by a majority vote,295 and may
declare a complaint to be inadmissible by a unanimous vote.296 If the complaint
is declared inadmissible, this decision may be reviewed at a later date upon a request from a member of the CAT Committee or a written request by or on behalf
of the individual concerned containing evidence to the effect that the reasons for
inadmissibility no longer apply.297
v. Consideration of the Merits of a Complaint
If the complaint is found to be admissible, and an extension of time has exceptionally been given to the State regarding its submissions on the merits, the State
party and the author are given opportunities to make further submissions on the
merits after being informed of the admissibility of the decision. A decision that a
complaint is admissible is not made public until the merits are decided.
Normally, the HRC and the CAT Committee will have all submissions on admissibility and merits at the time of its admissibility decision, and may then proceed
to decide the complaint on the merits. Alternatively, the case may be referred back
to the Working Group for further recommendations on the merits. If the issues
have been separated by decision of the Special Rapporteur, the relevant Committee
will then receive merits arguments from both the State and the author, with both
parties given a chance to respond to each other’s arguments. As with admissibility,
292 There must be a quorum of 12 HRC members; see HRC, Rules of Procedure, Rule 37.
293 HRC, Rules of Procedure, Rule 99(4). Such a reversal occurred, for example, in Osivand
v. The Netherlands, Comm. No. 1289/2004.
294 CAT Committee, Rules of Procedure, Rule 111(1).
295 Of course, a decision that a case is admissible can only be taken after the State party has been given
an opportunity to submit arguments regarding admissibility.
296 CAT Committee, Rules of Procedure, Rule 111(2).
297 CAT Committee, Rules of Procedure, Rule 116.
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