Seeking Remedies for Torture Victims: A Handbook on the Individual Complaints Procedures of the UN Tready Bodies
a) Basic Guide to Submission of a Complaint
A model complaint form is available at: http://www.ohchr.org/Documents/
HRBodies/TB/ComplaintForm.doc. It is not compulsory to use this form,
but correct completion of this form does ensure that basic necessary information
is conveyed to the relevant Committee. The Model Complaint in Textbox ii, infra,
provides an alternative example of how to submit a complaint.
The complaint form provided on the OHCHR’s website specifies that the following
information should be given:
– Name of the treaty body to which the complaint is addressed.
– Date of submission.
– Information on the complainant or author: name and first name(s),
nationality, date and place of birth, address (mailing address and email)
for correspondence on this complaint.
– If the complaint is being submitted on behalf of another person (the victim), the name and first name(s), nationality, date and place of birth and
address or current whereabouts of the victim. If the victim is non-communicable (e.g. he or she is dead), a person with a close relationship to that
victim, such as a close family member, has standing to be the author.208
– The person’s authorization if the author is acting with his or her knowledge and consent.
– Explanation as to why there is no such authorization, if that is the case.
– State against whom the complaint is made. (Regarding the ICCPR, a communication can only be submitted against a State if that State has ratified
the OP. Regarding CAT, a communication may only be submitted against a
State that has made the requisite declaration under Article 22 of the treaty).
A list of the Articles of the relevant treaty (ICCPR or CAT) that the person
maintains have allegedly been violated. Ensure that the State party has not
made reservations to the relevant Articles.209
– A description of how domestic remedies have been exhausted.
– An explanation of why domestic remedies have not been exhausted, if that
is the case.210
– Information regarding the submission of the same matter for examination
under another procedure of international investigation or settlement.211
208 See Section 2.1.1(a).
209 If a State enters a “reservation” to a treaty provision, it is signalling that it does not consider itself
bound by that provision. Reservations must be entered upon ratification. Reservations to UN human rights treaties may be found at: http://tb.ohchr.org/default.aspx.
210 See Section 2.1.1(c).
211 See Section 2.1.1(d).
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