Type of Mechanism

Complaint-Recourse Procedure

Scope of the Procedure

The rights enumerated in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as described in Article 22 of the Convention.

Who Can Submit a Complaint

Individual victims of torture or their relatives/ representatives of States which have recognized the competence of the Committee to receive individual complaints.

Role of Advocates

NGOs can submit complaints as a representative or legal counsel of the victim.  The Committee may ask the individual victim or the NGO representative to submit additional information.  If the Committee considers it appropriate the individual or the representative may also attend the closed Committee meetings to provide clarification related to the merits of the case.

Available Remedies

The Committee adopts a "view" or decision on the case, which can be a finding that a State has violated the Convention against Torture.

The views of the Committee are made public and can include recommendations to the national government to take specific actions to protect an individual or provide redress.  The Committee requests that States provide information about measures it has taken in conformity with the Commission's views.

The Committee may also address an urgent request to a State, asking for interim protection for the victim while the case is being decided.

How to Submit a Complaint

Individuals who claim to be victims of human rights violations by a State party or their representatives can submit communications. 

The Committee has created a Model Complaint Form for communications.

In addition, Article 22 of the Convention sets for a number of admissibility criteria, which must be met for the complaint to be considered:

The complaint must be in writing.

The communication may not be anonymous. 

The complaint should contain information about the exhaustion of domestic remedies.

The complaint cannot have been previously examined by the Committee or be the subject of any other international investigation or have been the subject of a past decision by such a mechanism.

The subject of the complaint must indicate a violation of the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

The Committee's rules of procedure also state that a complaint may be rejected as inadmissible if it is manifestly unfounded, or if an unreasonable amount of time has elapsed since the exhaustion of domestic remedies.

More information about the complaint procedure is available on the Committee's website.

Where to Send Communications

The Committee against Torture
c/o Center for Human Rights
United Nations Office
8-14 avenue de la Paix
1211 Genève 10
Switzerland

Tel: + 41 22 917 9288
Fax: + 41 22 917 9022  (particularly for urgent matters)
E-mail: tb-petitions@ohchr.org

How the Complaint Procedure Works

The Committee first considers the whether the complaint meets the criteria for admissibility.  At this stage, the Committee may request additional information from the State party or from the author of the complaint, relating to admissibility.  If the complaint is deemed inadmissible, the Committee informs the concerned parties.  A complaint may be reexamined, however, if the Committee receives information in the future that the reasons for inadmissibility no longer apply.

Once a complaint has been declared admissible, the Committee informs both the complainant and the State party.  Within 6 months, the State party is required to explain the allegations and present information about whether the violation has been remedied.  The complainant may also present a reply to the State's communication.  After reviewing all communications, the Committee makes a decision (referred to as "views").  Consideration of communications is carried out in closed sessions, but the Committee may request that the complainant, the representative of the complainant or representative of the State are present to provide clarifications related to the merits of the case.  The Committee's decision is sent to the State, the complainant and made public.

In the process of considering a complaint and before making a decision of the merits, the Committee may request that a State adopt immediate provisional measures to protect a victim temporarily. 

Advantages/ Disadvantages

Individuals have a formal role in the complaint/ communications process, but they cannot remain anonymous.  The Committee is authorized to request interim measures, which may offer protection to victims.  The Committee decisions are made public, however, which can be important for advocacy, but may not be in the victim's best interests.