Seeking Remedies for Torture Victims: A Handbook on the Individual Complaints Procedures of the UN Tready Bodies
concerned to oral hearings;214 to date, the CAT Committee has availed itself of this
mechanism in one case upon request of the State party.215
Communications are only accepted if presented in one of the UN official languages
(Arabic, Chinese, English, French, Russian and Spanish).216 In fact, consideration
of a complainant is likely to be delayed if it is submitted in a language other than
English, French, or Spanish.
All of the facts upon which the claim is based should be set out in chronological order and in clear and concise language.217 It should also be easy to read, so
paragraphs should be numbered and, if necessary, cross-referenced,218 with double spacing. Supporting documentary evidence should be appended to the complaint, such as police records or medical records. Only copies should be submitted,
not originals. The documents should be listed chronologically, numbered consecutively and accompanied by a succinct description of their contents.219 If any of these
documents is not in one of the UN official languages, a full or summary translation
needs to be provided.220 Such evidence is discussed more in Section 2.1.2(e).
There is no time limit within which to bring a claim. However, it is preferable
for a complaint to be brought to the relevant Committee as soon as possible after
the exhaustion of the final relevant domestic remedy in respect of the complaint.
In Gobin v. Mauritius, the HRC found that an inexplicable delay of five years in
submitting the complaint rendered the complaint inadmissible as an abuse of the
right of submission.221 Significant delay in the submission of a complaint can render one’s story less credible, as evidence may be very old, and can prejudice the
State party’s ability to respond.
There is no word limit to a complaint, however, in the model complaint it is noted that the communication should not exceed fifty pages (excluding annexes).
In addition, if the complaint exceeds twenty pages, a short summary of up to five
pages needs to be included, highlighting the main elements.222
214 Rules of Procedure of the Committee Against Torture, (2013) UN Doc. CAT/C/3/Rev.6
(hereinafter referred to as “CAT Committee, Rules of Procedure”, reprinted in full in Appendix 5 of
this Handbook), Rule 117(4).
215 CAT Committee, Abdussamatov and others v. Kazakhstan, Comm. No. 444/2010, para. 1.3.
216 HRC, Rules of Procedure, Rule 28; CAT Committee, Rules of Procedure, Rule 27; UN Fact Sheet No. 7,
Rev. 2 (2013), p. 4.
217 UN Fact Sheet No.7, Rev. 2 (2013), p. 5.
218 See Model Complaint, Textbox ii, e.g., paras. 4, 21, 38.
219 UN Fact Sheet No.7, Rev. 2 (2013), p. 5.
220 Ibid.
221 HRC, Gobin v. Mauritius, Comm. No. 787/1997, para. 6.3. See also Section 2.1.1(e).
222 UN Fact Sheet No.7, Rev. 2 (2013), p. 5.
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