Once the CAT has received a State Party report, it must examine it carefully
in order to identify any areas of concern. The report is discussed in a formal
meeting, which the public may attend. During this meeting, the State whose
report is being considered is given an opportunity to introduce its report,
and will normally be asked by the Committee to answer further questions
prompted by the report. Finally, the Committee will draw conclusions and make
recommendations to the State on ways to better implement its obligations,
if necessary.
In addition to the examination of State Party reports, the Committee can carry
out a confidential inquiry into allegations of a systematic practice of torture.12
An inquiry can be initiated when “reliable information” is received which
“appears to contain well-founded indications that torture is being systematically
practised.”13 If the State Party agrees, the inquiry could involve a fact-finding visit
to the country. Even the mere fact that the visit takes place is confidential, before
and afterwards, at this stage. In such cases, the CAT may make contact with
local NGOs, on the understanding that they will maintain the highest respect for
the confidential nature of the visit.14
I. OVERVIEW, RATIFICATION, AND THE COMMITTEE AGAINST TORTURE
3. THE COMMITTEE AGAINST TORTURE
Following an inquiry and a possible fact-finding visit, the Committee’s findings,
along with any appropriate recommendations, will be transmitted to the State
Party. The proceedings remain confidential, but once they have been concluded,
the Committee may, following consultation with the State Party, decide to
include a summary account of the outcome in its annual report.
18
According to Article 22, a State can make a declaration accepting the competence of the CAT to receive and consider communications from or on behalf
of individuals subject to its jurisdiction who claim to be victims of a violation of
the Convention.15 Such communications can be about specific incidents of torture, including cases involving the imminent expulsion of individuals to a country
where they are believed to be at risk of torture, or about having been denied
redress in a case of torture.16
An individual complaint is inadmissible if it is anonymous, if it is considered by
the CAT to be an abuse of the complaint procedure, or if it is incompatible with
the provisions of the Convention.17 The Committee is also unable to consider an
individual communication which has been or is being examined under another
procedure of international investigation or settlement.
The CAT considers individual complaints in closed meetings. After examining the
individual complaint “in the light of all information made available to it by or on
behalf of the individual and by the State Party concerned”18, the Committee forwards its views to the individual and the State Party concerned.
The Convention contains no provision obliging States to implement the
Committee decisions, and there is no enforcement mechanism. However, States
Parties must offer redress and compensation to a complainant when the