PART 1: Overview of the Human Rights Committee and the Committee Against Torture 1.1 The International Prohibition of Torture and other Ill-treatment1 This Handbook is designed to provide guidance on the process of seeking redress for violations of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, primarily under the International Covenant on Civil and Political Rights (ICCPR),2 the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)3 and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).4 Before describing the relevant processes and jurisprudence under these treaties, it is important to bear in mind the fundamental nature of the prohibition of torture and ill-treatment under international law. The prohibition of torture and other forms of ill-treatment is universally recognized and is enshrined in all of the major international and regional human rights instruments.5 It is also a firmly rooted principle of customary international law, and as such, it is binding on all States at all times, irrespective of whether States have assumed treaty obligations in respect of the prohibition.6 All international instruments that contain the prohibition of torture and ill-treatment recognize its absolute, non-derogable character.7 In the ICCPR, the prohibition is 1 2 3 4 5 6 7 Section 1.1 describing the status of the prohibition of torture under international law borrows from the Joint Third Party intervention in the case of Ramzy v. The Netherlands, submitted to the European Court of Human Rights on 22 November 2005 which is reproduced in full in Appendix 11. International Covenant on Civil and Political Rights, opened for signature, ratification and accession by General Assembly Resolution 2200A (XXI) of 16 December 1966, entered into force on 23 March 1976, reproduced in full in Appendix 1. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, opened for signature, ratification and accession by General Assembly Resolution 39/46 of 10 December 1884, entered into force on 26 June 1987, reproduced in full in Appendix 3. Convention on the Elimination of All Forms of Discrimination against Women, opened for signature, ratification and accession by General Assembly Resolution 34/180 of 18 December 1979, entered into force on 3 September 1981, reproduced in full in Appendix 6. Universal Declaration of Human Rights (Article 5); ICCPR (Article 7); American Convention on Human Rights (Article 5); African Charter on Human and Peoples’ Rights (Article 5); Arab Charter on Human Rights (Article 13); CAT and European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. The prohibition against torture is also reflected throughout international humanitarian law, e.g. in the Regulations annexed to the Hague Convention IV of 1907, the Geneva Conventions of 1949 and their two Additional Protocols of 1977. See discussion infra on the jus cogens status of the prohibition under customary international law. The prohibition of torture and ill-treatment is specifically excluded from derogation provisions: see Article 4(2) of the ICCPR; Articles 2(2) and 15 of the CAT; Article 27(2) of the American Convention on Human Rights; Article 4(c) Arab Charter of Human Rights; Article 5 of the Inter-American Convention to Prevent and Punish Torture; Articles 3 of the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The African Charter of Human and Peoples’ Rights prohibits torture and ill-treatment in Article 5; the African Charter does not contain a derogation provision. 25