PART 2: Procedures of the Human Rights Commitee and the Committee against Torture
Timing and stigma:
An important consideration can be the question of how the country concerned
tends to react to cases before either of the Committees and whether it has already
shown its commitment to implement the decisions. In this regard, it should be
noted that a ‘condemnation’ by the CAT Committee might entail a far stronger
stigma for the State concerned, and thus provide an additional incentive by the
State to seek to settle the case prior to the decision or to implement the decision.
Overall, there may be a higher implementation rate with CAT than with the HRC
but this may be due to the fact that a high proportion of decisions of CAT concern
democratic States in non-refoulement cases with a tendency to be more rule-of-law
compliant and respectful of treaty body decisions.
In addition, it needs to be taken into account that the HRC receives many more
cases than the CAT Committee, and consequently takes longer to decide cases.
Although the HRC has one more meeting per year, this does not make up for the
gap in the numbers of complaints it must deal with. Merits decisions by the HRC
on average take between three and four years, while merits decisions by the CAT
Committee take two years.310
Strategic consideration:
Litigation to the treaty bodies can seek to redress an individual violation in which
the interests of victims usually take precedence over other considerations. Most
cases, however, have a broader significance that goes beyond a purely individual interest. First, reparation decisions of the CAT or HRC must be implemented
in a manner that guarantees non-repetition. Second, litigants may have strategic
objectives: they may wish, for example, to build new case law (for example, on
provisions of the CAT) or set a legal precedent, or address a broader underlying
systemic problem. Where this is so, it can be advisable to submit a number of cases
to the HRC and to the CAT.
The above are only a few of the considerations that may guide the choice of forum.
Decisions should be determined in every case by the victims’ interests and consent,
and whether or not broader strategic interests are to be pursued.
i) Regional Treaties
It is often possible for an author to submit a complaint to a regional treaty body
(e.g. the European Court of Human Rights) instead of a UN treaty body. Relevant
310 Ibid.
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