CAT/C/55/2
would be for the Committee to be authorized by the Government concerned to carry out a
follow-up visit one or two years after the conclusion of the inquiry.
20.
Moreover, the planning and acceptance by the State party concerned of a follow-up
visit would enhance the level of protection of those who have cooperated with the
Committee because the authorities concerned would be aware of the possibility that the
Committee could be contacted directly by those cooperating with and, therefore, that no act
or threat of reprisal could be hidden.
21.
Finally, the Committee should notify the State party under inquiry that cases of
sanctions being applied to persons who have cooperated with the Committee would be
included in a summary account of the proceedings relating to the inquiry and be made
public.
Article 22
22.
As a preliminary measure to prevent reprisals against persons involved in the
individual complaints procedure under article 22 of the Convention, the Committee could
notify the State party concerned not to bring pressure to bear on or threaten the author of a
communication when the Committee requests interim protection measures. If the issue
arises upon registration, it is up to the Special Rapporteur on new communications and
interim measures to evaluate the situation and to decide whether to send such a warning. If
the issue arises for a registered communication under the follow-up procedure, the
Rapporteur on reprisals should evaluate the situation and decide on the course of action.
23.
Similarly, representatives of complainants, such as lawyers, relatives or
organizations, should be informed that the Rapporteur on reprisals could bring to the
attention of the authorities of the State party concerned allegations of threats, acts of
intimidation or other forms of reprisal and to approach representatives of the State party, as
necessary, to make an official protest and ask for remedial action.
24.
Similar action may be necessary also in cases of fear of reprisals. It appears that
some complainants fear being subjected to reprisals simply for having submitted a
complaint to the Committee.
25.
This is even more evident in cases concerning article 3 of the Convention. The mere
fact of requesting asylum because of an alleged risk of being tortured in the country of
return may be perceived negatively by the authorities of that country and expose the
complainant to reprisals if he or she is actually returned.
26.
When there is a foreseeable, personal and real risk that a complainant who is about
to be deported will be subjected to reprisals amounting to torture or other cruel, inhuman or
degrading treatment or punishment in the country of deportation, the Committee considers
that the principle of non-refoulement applies and will request the State party concerned to
refrain from carrying out the deportation.
4