PART 1: Overview of the Human Rights Committee and the Committee Against Torture Part I of the CAT outlines the substantive obligations of States parties, including in particular the duty not to torture or perpetrate cruel, inhuman or degrading treatment or punishment, as well as the duty to take measures to ensure that such treatment or punishment does not occur. These duties are discussed in detail in Part IV of this Handbook. An Optional Protocol to the CAT was adopted by the UN General Assembly in 2002, and came into force on 22 June 2006 with 20 States parties. As of 1 October 2013, there were 69 States parties (and 75 Signatories). It establishes mechanisms for monitoring places of detention within States parties to the Optional Protocol. This Optional Protocol is discussed in more detail in Section 2.3.3. 1.5 The Committee against Torture The Committee against Torture (CAT Committee) is established under Article 17 of the CAT. Its functions are set out in Part II of the treaty. It has the role of monitoring and supervising the implementation by States parties of their obligations under the treaty. The CAT Committee is composed of ten members. Each member is nominated by a State party, and is elected by secret ballot by the States parties. Each member serves a four-year term, and may be re-elected if re-nominated. States parties should ensure that there is an equitable geographic mix of CAT Committee members. Members shall be persons “of high moral standing and recognized competence in the field of human rights”.51 A member serves in his or her personal capacity, rather than as a representative of his or her nominating State.52 The CAT Committee operates on a part time basis. It generally meets twice each year, for three weeks.53 The CAT Committee performs its function of supervising and monitoring implementation of the CAT in six ways: – – – – – – 51 52 53 Reporting Function. Consideration of Individual Complaints. Issuance of General Comments. Consideration of Interstate Complaints. Special Inquiries. Duties under the Optional Protocol. Article 17(1), CAT. Article 17(1), CAT. However, for the last two years, due to the backlog of State reports and individual complaints awaiting consideration, the CAT Committee holds four-week sessions instead of three-week (see UNGA, Resolution 67/232 on the Committee Against Torture, adopted on 24 December 2012, operative clause (“oc”) 2). 37

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