Seeking Remedies for Torture Victims: A Handbook on the Individual Complaints Procedures of the UN Tready Bodies
meets the requisite criteria, the Committee will forward the information to the
State in question and invite it to respond. The Committee may also decide that it
requires further information in order to make an informed assessment of evidence
it has received. In such a case, it may request additional information from the State,
governmental and non-governmental organisations or other concerned parties.395
Once it has gathered sufficient information, the Committee will make a decision
over whether an independent inquiry is required.
b) An Independent Inquiry
Independent inquiries are conducted by one or more of the members of the CAT
Committee. The State will be informed of this decision and will be invited to assist through the provision of further information. The Committee may also request permission for some of its members to visit the State for the purpose of
making on-site investigations, such as meeting with prisoners, and visiting places of detention.396 To this end, the designated members “shall request the State
party to ensure that no obstacles are placed in the way of witnesses and other
individuals wishing to meet with the designated members of the Committee and
that no retaliatory measure is taken against those individuals or their families”.397
A visit to the State’s territory can only occur with the consent of the State involved.
At the conclusion of the inquiry the Committee will review the evidence and
make suggestions and comments as to how the State may improve the situation.
The State is then invited to respond to the findings and to inform the Committee
of how it intends to address the issues raised.398
c) Confidentiality
The inquiry itself and any findings made as a result are confidential in accordance
with Rule 78 of the Committee’s Rules of Procedure. This rule of confidentiality extends to any relevant documents, meetings or proceedings. However, the
Committee may choose to include a summary account of the findings in its public
annual report under Article 20(5).399
d) Criticism of the Procedure
The requirement of consent for visits to the territory and the confidential nature
of the operation of Article 20 have been the subject of criticism from commentators, who argue that such rules may undermine the procedure’s effectiveness.
395
396
397
398
399
132
Ibid., Rule 82(4).
Ibid., Rule 86.
Ibid., Rule 87(2).
Ibid., Rule 89(2).
Ibid., Rule 90(1).
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