Complaint Mechanism - Article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
last updated 7 June 2013 – Information is subject to change. Please check the Committee website for updates.
Type of Mechanism
Complaint Procedure under Article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its State parties
Scope of the Procedure
The rights enumerated in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its State parties
Who Can Submit a Complaint[1]
A private individual claiming to be a victim of violations of any rights contained in the Covenant and under the jurisdiction of a State party to the Convention which recognizes the Committee’s competence under article 22. Complaints may be submitted on the victim’s behalf by relatives or representatives of the victim if the victim is unable to do so on their own.
Role of Advocates
NGOs may assist victims wishing to submit communications to the Committee and may submit communications on behalf of victims as their designated representative. Victims or their representatives may attend the closed meetings of the Committee to provide clarifications on the merits of the case if the Committee deems it appropriate.  
Available Remedies[2]
The Committee may at any time request that the State issue interim measures to protect the victim(s). Once a determination of the merits has been reached, and the Committee recognizes the communication as admissible, it requires the State party to submit, within six months, explanations or statements clarifying the case and any actions taken to remedy the situation. After considering the merits of the complaint, the Committee issues its “views,” along with any individual opinions of Committee members. The Committee’s views are transmitted to the State party and the victim. The State party is invited to inform the Committee of the action it takes in response, but is not required to provide written response to the Committee.
What the Complaint should Include[3]
The subject of the complaint must indicate a violation of the provisions of Convention, must not be anonymous, and must be submitted only after all available domestic remedies have been exhausted. The complaint should also indicate whether the matter is or has been a subject of international investigation or settlement. Complaints which have been previously examined by the Committee or are the subject of any other international investigation will not be considered. The UN provides model complaint forms for individuals wishing to make complaints. Additional information is available from the UN Office of the High Commissioner of Human Rights.
Where to Send Communications
The complaint must be submitted in writing in one of the six official UN languages to:
Petitions Team
Office of the High Commissioner for Human Rights
United Nations Office at Geneva
1211 Geneva 10, Switzerland
E-mail: petitions@ohchr.org
 
 

[1] Committee against Torture, Article 22 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, http://www2.ohchr.org/english/bodies/cat/procedure.htm.
[2] Ibid.
[3] Ibid.