Seeking Remedies for Torture Victims: A Handbook on the Individual Complaints Procedures of the UN Tready Bodies
the alleged victim from the relevant State, as the State cannot investigate the allegations if it does not know who that person is.
The violation does not have to continue throughout the deliberation of the complaint, and indeed the violation can have ceased prior to submission of the complaint.66 For example, a complaint about the appalling conditions of a prison can be
submitted on behalf of a former inmate who experienced and suffered from those
conditions, but who has since been released and therefore does not experience those
conditions anymore. However, a complaint is inadmissible if a violation has been
recognized and remedied by the State in question.
The HRC has stated that it has “no objection to a group of individuals, who claim
to be similarly affected, collectively to submit a complaint about alleged breaches
of their rights”.67 Therefore, it is possible to have a complaint decided on behalf of
a group of individuals suffering from similar circumstances. However, even when
proceeding as a group, each individual complainant must identify him- or herself,
and agree to the complaint being brought on his or her behalf if represented by
another person, such as an advocate. In Hartikainen v. Finland, the complainant
was a teacher in a school in Finland and the General Secretary of the Union of
Free Thinkers in Finland. The complainant submitted the communication on his
own behalf and also on behalf of the Union of Free Thinkers. The HRC held that it
could not consider the complaint submitted on behalf of the organization unless
he provided the names and addresses of all the persons he claimed to represent
and written authority confirming that he could act on their behalf.
The HRC has also held that domestic legislation may threaten a person even if it
has not been directly implemented against that person; that person may still be
classified as a “victim” for the purposes of admissibility under the OP.68 For example, in Toonen v. Australia the complainant argued that the existence of Tasmanian
laws which criminalized sexual relations between men stigmatized him as a gay
man, despite the fact that the laws had not been implemented for many years.
Furthermore, he lived with the constant possibility of arrest under the laws.
The HRC found the claim to be admissible, stating that:
The author had made reasonable efforts to demonstrate that the threat of enforcement and the pervasive impact of the continued existence of these provisions on
administrative practices and public opinion had affected him and continued to affect
him personally.69
It is possible for somebody to be a victim of a human rights abuse entailed in an
act perpetrated upon another. In such cases, the former individual might be termed
66
67
68
69
50
See HRC, Van Duzen v. Canada, Comm. No. 50/1979.
HRC, Ominayak, Chief of the Lubicon Lake Band v. Canada, Comm. No. 167/84, para. 32.1.
Joseph and Castan (2013), para. 3.46.
HRC, Toonen v. Australia, Comm. No. 488/1992, para. 5.1.
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