VI.
CONSIDERATION OF COMMUNICATIONS UNDER ARTICLE 22
OF THE CONVENTION
464. Under article 22 of the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, individuals who claim that any of their
rights enumerated in the Convention have been violated by a State party and who
have exhausted all available domestic remedies may submit written communications
to the Committee against Torture for consideration. Thirty-one out of 72 States
that have acceded to or ratified the Convention have declared that they
recognize the competence of the Committee to receive and consider communications
under article 22 of the Convention. Those States are: Algeria, Argentina,
Australia, Austria, Canada, Croatia, Cyprus, Denmark, Ecuador, Finland, France,
Greece, Hungary, Italy, Liechtenstein, Luxembourg, Malta, Monaco, Netherlands,
New Zealand, Norway, Portugal, Russian Federation, Spain, Sweden, Switzerland,
Togo, Tunisia, Turkey, Uruguay and Federal Republic of Yugoslavia (Serbia and
Montenegro). No communication may be received by the Committee if it concerns a
State party to the Convention that has not recognized the competence of the
Committee to do so.
465. Consideration of communications under article 22 of the Convention takes
place in closed meetings (art. 22, para. 6). All documents pertaining to the
work of the Committee under article 22 (submissions from the parties and other
working documents of the Committee) are confidential.
466. In carrying out its work under article 22 of the Convention, the Committee
may be assisted by a working group of not more than five of its members, which
submits recommendations to the Committee regarding the fulfilment of the
conditions of admissibility of communications or assists it in any manner which
the Committee may decide (rule 106 of the rules of procedure of the Committee).
467. A communication may not be declared admissible unless the State party has
received the text of the communication and has been given an opportunity to
furnish information or observations concerning the question of admissibility,
including information relating to the exhaustion of domestic remedies (rule 108,
para. 3). Within six months after the transmittal to the State party of a
decision of the Committee declaring a communication admissible, the State party
shall submit to the Committee written explanations or statements clarifying the
matter under consideration and the remedy, if any, which has been taken by it
(rule 110, para. 2).
468. The Committee concludes examination of an admissible communication by
formulating its views thereon in the light of all information made available to
it by the complainant and the State party. The views of the Committee are
communicated to the parties (art. 22, para. 7, of the Convention and rule 111,
para. 3) and are made available to the general public. Generally, the text of
the Committee’s decisions declaring communications inadmissible under article 22
of the Convention are also made public.
469. Pursuant to rule 112 of its rules of procedure, the Committee shall include
in its annual report a summary of the communications examined. The Committee
may also include in its annual report the text of its views under article 22,
paragraph 7, of the Convention and the text of any decision declaring a
communication inadmissible.*
__________
*
Decisions taken by the Committee during the reporting period (ninth
and tenth sessions) do not concern final views or inadmissibility of a
communication; therefore their text is not included in the present annual
report.
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