Seeking Remedies for Torture Victims: A Handbook on the Individual Complaints Procedures of the UN Tready Bodies a “report card” for the relevant State;36 they will outline positive and negative aspects of a State’s record in regard to implementation of the ICCPR. The Concluding Observations are publicly available, and are, for example, available via the UN treaty bodies’ website at tb.ohchr.org. Priority areas of concern are identified within the Concluding Observations, and are followed up by the Committee between reporting cycles. Concerns detailed in previous Concluding Observations will often be referred to again in later reporting sessions, when it is deemed that they have not been sufficiently addressed by the State. The reporting process is discussed in more detail below in Section 2.3.1. 1.3.2 Individual Complaints Process If a State party to the ICCPR ratifies the First Optional Protocol (OP), it means that it will permit individuals to submit complaints of violations of the ICCPR by that State to the HRC. The complaints process is quite complex, and is extensively discussed in Part 2.1 of this Handbook. Here, we will make only a few general observations about the complaints process. Individual complaints, also known as “individual communications”, must satisfy certain admissibility criteria before they will be considered in full by the HRC. If a complaint is found to be admissible, the HRC will then consider the merits of the complaint. It will ultimately decide whether or not the facts alleged give rise to a violation or violations of the ICCPR, or whether no violations have arisen. It communicates its “final views” to both the State and the individual concerned under Article 5(4) of the OP. Its final views are made public37 and are available at: http://www.ohchr.org/EN/HRBodies/CCPR/Pages/Jurisprudence.aspx.38 If any violation is found, a State party is expected to inform the HRC within 180 days of the remedy it proposes to address the situation. The HRC will then follow up on the State’s response to the finding/s of a violation. 1.3.3 General Comments The HRC is empowered under Article 40 of the ICCPR to issue General Comments. It had issued 35 such General Comments by 1 October 2013. General Comments are directed to all States parties, and provide detailed clarification of aspects of their duties under the ICCPR. Most often, a General Comment has been an expanded interpretation of a particular right in the ICCPR. However, General Comments have 36 37 38 34 Joseph, S. and Castan, M., The International Covenant on Civil and Political Rights, 3rd edition, Oxford University Press (2013), para. 1.40. HRC, Rules of Procedure, Rule 102(5). Check the website of the OHCHR for eventual modifications of the web links.

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