It is possible for States to make reservations respecting certain articles of the
Convention at the time of ratification or accession.7 However, such reservations
must not be incompatible with the object and purpose of the Convention.8
There is no standard method for implementing international treaties in
national law in the variety of legal systems prevailing in the international community. Methods include incorporation, adoption, transformation, passive transformation, and reference.9 Internal legislation or constitutional provisions may
prescribe the methods of harmonising national laws or the effect of international
law on national jurisdiction. As long as these do not erode the substance of the
Convention, it is the State’s prerogative to choose which domestic process it
undertakes. Nevertheless, the Committee against Torture has expressed fairly
specific opinions on how States Parties to the Convention against Torture should
implement its provisions in their national laws (see, for example, the section
below on Article 4 of the Convention).
3. THE COMMITTEE AGAINST TORTURE
Articles 17-18 of the Convention contain detailed provisions for the workings
and membership of the CAT.
The Committee consists of ten experts of “high moral standing” and with recognised competence in the field of human rights. Members serve in their personal
capacity, meaning that they are not there as representatives of any government
or organisation.
Members of the CAT are elected by the States Parties, from among nominees
proposed by the States Parties, for terms of four years. They are eligible for reelection if re-nominated. The Committee establishes its own rules of procedure.
The Committee is responsible for monitoring the extent to which States Parties
respect their obligations to implement the Convention, i.e. to prevent, to prohibit, and to punish torture. The main procedure for monitoring the implementation of the Convention is through the State Party reporting procedure
under Article 19 of the Convention. The purpose of this procedure is to help the
Committee gain a clear picture of the extent to which States Parties are
respecting their treaty obligations, by asking them to describe how they are
implementing those obligations in practice. States have an obligation to submit
reports on a regular basis11, although in practice many countries delay the submission of these reports for months or even years.
I. OVERVIEW, RATIFICATION, AND THE COMMITTEE AGAINST TORTURE
2. RATIFICATION AND IMPLEMENTATION OF THE CONVENTION
3. THE COMMITTEE AGAINST TORTURE
The Committee against Torture (hereafter: “the CAT” or “the Committee”) is
one of the United Nations treaty bodies created to supervise the implementation by States Parties of their obligations under the respective parent convention.10
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