Introduction
The worldwide eradication of the practice of torture
was one of the major challenges of the United
Nations only a few years after it was created. To
ensure adequate protection for all persons against
torture and other forms of cruel, inhuman or
degrading treatment or punishment, the United
Nations has, over the years, adopted a number of
universally applicable standards. The adoption, on
10 December 1984, of the Convention against
Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment was a milestone in the
codification process to combat torture.
complaints are always examined by the Committee
in closed meetings.
A communication may be submitted by any private
individual who claims to be the victim of a violation
of the Convention by a State party that has accepted
the competence of the Committee under article 22
and which is subject to its jurisdiction. If alleged
victims are not in a position to submit the
communication themselves, their relatives or
representatives may act on their behalf.
By 1 March 2008, the following 64 States had made
the declaration under article 22 of the Convention:
In adopting this instrument, the United Nations also
established a monitoring body, the Committee
against Torture, whose main function is to ensure
that the Convention is observed and implemented.
The Committee met for the first time in April 1988
in Geneva and has since carried out numerous
activities which have made it better known to the
public at large.
Algeria, Andorra, Argentina, Australia,
Austria, Azerbaijan, Belgium, Bolivia, Bosnia
and Herzegovina, Brazil, Bulgaria, Burundi,
Canada, Cameroon, Chile, Costa Rica,
Croatia, Cyprus, Czech Republic, Denmark,
Ecuador, Finland, France, Georgia, Germany,
Ghana, Greece, Guatemala, Hungary, Iceland,
Ireland, Italy, Kazakhstan, Liechtenstein,
Luxembourg, Malta, Mexico, Monaco,
Morocco, Netherlands, New Zealand, Norway,
Paraguay, Peru, Poland, Portugal, Republic of
Korea, Russian Federation, Senegal, Serbia,
Seychelles, Slovakia, Slovenia, South Africa,
Spain, Sweden, Switzerland, the former
Yugoslav Republic of Macedonia, Togo,
Tunisia,
Turkey,
Ukraine,
Uruguay,
Venezuela (Bolivarian Republic of).
The Convention against Torture consists of 33
articles and entered into force on 26 June 1987. By
the end of 2007, 145 States had ratified the
Convention or acceded to it.
The Committee against Torture was established
pursuant to article 17 of the Convention. It consists
of 10 experts of high moral standing and recognized
competence in the field of human rights. The experts,
who must be nationals of States parties, are elected
by those States by secret ballot. They are elected for
a term of four years and are eligible for re-election.
When considering a complaint, the Committee first
examines its admissibility. Conditions for
admissibility are specified in the Convention and in
the Committee’s rules of procedure. For a
communication to be declared admissible:
The Committee holds two regular sessions each year.
It elects from among its members a Chairperson,
three Vice-Chairpersons as well as a Rapporteur.
These officers are elected for a term of two years and
are eligible for re-election.
It must not be anonymous or incompatible
with the provisions of the Convention.
At its initial meeting in 1988, the Committee
adopted its rules of procedure and set out its working
methods, in conformity with the provisions of the
Convention. The Committee’s working methods
have been fine-tuned on a number of subsequent
occasions.
It must not constitute an abuse of the right
to submit a communication under article 22.
It must not have been examined (or be under
examination) under another procedure of
international investigation or settlement.
The complainant must have exhausted all
available and effective domestic remedies
before sending the complaint to the
Committee.
Like other international human rights treaties, the
Convention against Torture gives individuals, under
certain circumstances, the right to lodge complaints
regarding the violation of one or more of the
provisions of the Convention by a State party. For
the Committee to be able to admit and examine
individual communications against a State party, its
competence in that regard must have been expressly
recognized by the State concerned. Individual
The Committee may request the State party
concerned or the complainant to submit additional
information, clarifications or observations relevant
to the admissibility of the case.
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