A/73/44
VI. Consideration of complaints under article 22 of the
Convention
A.
Introduction
56.
Under article 22 of the Convention, individuals who claim to be victims of a
violation by a State party of the provisions of the Convention may submit a complaint to
the Committee against Torture for consideration, subject to the conditions laid down in that
article. Sixty-eight States parties to the Convention have declared that they recognize the
competence of the Committee to receive and consider complaints under article 22 of the
Convention. No complaint may be considered by the Committee if it concerns a State party
to the Convention that has not recognized the Committee’s competence under article 22.
57.
In accordance with rule 104, paragraph 1, of its rules of procedure, the Committee
established the post of Rapporteur on new complaints and interim measures, which is held
by Mr. Touzé.
58.
Complaints under article 22 of the Convention are considered in closed meetings.
All documents relating to the work of the Committee under article 22, that is, submissions
from the parties and other working documents of the Committee, are confidential.
59.
The Committee decides on a complaint in the light of all the information made
available to it by the parties. The findings of the Committee are communicated to the
parties and are made available to the public. The text of the Committee’s decisions
declaring complaints inadmissible or discontinuing the examination of a case are also made
public, without disclosing the identity of the complainant, but identifying the State party
concerned.
B.
Interim measures of protection
60.
Complainants frequently request preventive protection, particularly in cases
concerning imminent expulsion or extradition, where they allege a violation of article 3 of
the Convention. Pursuant to rule 114, paragraph 1, of its rules of procedure, at any time
after the receipt of a complaint, the Committee, through its Rapporteur on new complaints
and interim measures, may transmit to the State party concerned a request that it take such
interim measures as the Committee considers necessary to avoid irreparable damage to the
victim(s) of the alleged violation(s). The State party shall be informed that such a request
does not imply a determination of the admissibility or the merits of the complaint. During
the reporting period, requests for interim measures of protection were received in 43
complaints, of which 28 were granted by the Rapporteur on new complaints and interim
measures, who regularly monitors the compliance of States parties with such requests.
C.
Progress of work
61.
At the time of adoption of the present report, the Committee had registered, since
1989, 873 complaints concerning 39 States parties.11 Of those, 257 complaints had been
discontinued and 101 had been declared inadmissible. The Committee had adopted final
decisions on the merits on 358 complaints and found violations of the Convention in 142 of
them. Some 148 complaints were pending consideration. All the Committee’s decisions on
the merits, those declaring a complaint inadmissible as well as discontinuance decisions can
be found in the treaty body case law database (http://juris.ohchr.org/), on the OHCHR
website (www2.ohchr.org) and the Official Document System of the United Nations
(http://documents.un.org/prod/ods.nsf/home.xsp).
62.
At its sixty-first session, the Committee adopted decisions on the merits in respect of
10 communications. In communication No. 654/2015, Jaїdane v. Tunisia, the Committee
11
The complaints examined by the Committee in relation to the Federal Republic of Yugoslavia, as well
as to Serbia and Montenegro, are attributed to Serbia for statistical purposes.
11
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents