PART 2: Procedures of the Human Rights Commitee and the Committee against Torture
might be deported. It is worth noting that interim measures are frequently sought
under the CAT Committee, as the majority of its cases have concerned allegations
that a proposed deportation will expose the deportee to torture in the receiving
State.283 Similarly, it may be important to request interim measures of protection
in case a person is still at risk of further ill-treatment. The request for interim
measures should be expressly and clearly indicated in the initial communication
to the Secretariat, if the need to prevent irreparable harm has already arisen.284
A request for interim measures may be sent by regular post, fax or electronically
(by email). The Special Rapporteur on New Communications and Interim Measures
then decides whether a request is warranted in the circumstances. If he or she
believes a request is warranted, he or she will request that the relevant State take
appropriate interim measures to preserve the author’s rights. Interim measures
have been requested on most occasions where an author has asked for them,
and the record of State parties in complying with such measures is quite good.285
A request for interim measures by the Special Rapporteur to the State “does not
imply a determination on the merits of the communication”.286
It is also critically important to highlight that if, whoever cooperates with the HRC
or the CAT Committee suffers reprisals or threats of reprisals, including the victim,
family members, witnesses or legal representatives, such allegations should be
raised before the Committee concerned in order to obtain a request for interim
measures or the transmission of allegations of reprisals to the State party. In this
context, it needs to be noted that the CAT Committee recently decided to appoint
a Rapporteur to follow-up on any allegations of reprisals287 under the Convention,
following Article 13 of the CAT, second limb, which states:
Steps shall be taken to ensure that the complainant and witnesses are protected
against all ill-treatment or intimidation as a consequence of his complaint or any
evidence given.
iii. Transmission to the State Party
If the complaint is not deemed to be manifestly inadmissible, it will be transmitted by the Special Rapporteur to the State party for a reply. The State party has six
months to respond with regard to the issues of both admissibility and the merits.288
283
284
285
286
287
See Section 4.3.
Giffard (2000), p. 83.
Joseph and Castan (2013), para. 1.66.
HRC Rules of Procedure, Rule 92; CAT Committee, Rules of Procedure, Rule 114(2).
See CAT Committee, “Overview of the working methods”, Section XIV (Reprisals), available at:
http://www.ohchr.org/EN/HRBodies/CAT/Pages/WorkingMethods.aspx; see also the United
Nations Office in Geneva (UNOG), News and Media, Committee Against Torture concludes forty-ninth session, 23 November 2012.
288 HRC, Rules of Procedure, Rule 97(2); CAT Committee, Rules of Procedure, Rule 115(1).
93
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