Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 3

Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

 

Article 19

1. The States Parties shall submit to the Committee, through the Secretary-
General of the United Nations, reports on the measures they have taken to
give effect to their undertakings under this Convention, within one year
after the entry into force of this Convention for the State Party
concerned. Thereafter the States Parties shall submit supplementary reports
every four years on any new measures taken, and such other reports as the
Committee may request.

2. The Secretary-General shall transmit the reports to all States Parties.

[3. Each report shall be considered by the Committee which may make such
comments or suggestions on the report as it considers appropriate, and
shall forward these to the State Party concerned. That State Party may
respond with any observations it chooses to the Committee.

4. The Committee may, at its discretion, decide to include any comments or
suggestions made by it in accordance with paragraph 3, together with the
observations thereon received from the State Party concerned, in its annual
report made in accordance with article 24. If so requested by the State
Party concerned, the Committee may also include a copy of the report
submitted under paragraph 1.]

Article 20

1. If the Committee receives reliable information which appears to it to
contain well-founded indications that torture is being systematically
practised in the territory of a State Party, the Committee shall invite
that State Party to co-operate in the examination of the information and to
this end to submit observations with regard to the information concerned.

2. Taking into account any observations which may have been submitted by
the State Party concerned as well as any other relevant information
available to it, the Committee may, if it decides that this is warranted,
designate one or more of its members to make a confidential inquiry and to
report to the Committee urgently.

3. If an inquiry is made in accordance with paragraph 2, the Committee
shall seek the co-operation of the State Party concerned. In agreement with
that State Party, such an inquiry may include a visit to its territory.

4. After examining the findings of its member or members submitted in
accordance with paragraph 2, the Committee shall transmit these findings to
the State Party concerned together with any comments or suggestions which
seem appropriate in view of the situation.

5. All the proceedings of the Committee referred to in paragraphs 1 to 4 of
this article shall be confidential, and at all stages of the proceedings
the co-operation of the State Party shall be sought. After such proceedings
have been completed with regard to an inquiry made in accordance with
paragraph 2, the Committee may, after consultations with the State Party
concerned, decide to include a summary account of the results of the
proceedings in its annual report made in accordance with article 24.

Article 21

1. A State Party to this Convention may at any time declare under this
article 3 that it recognizes the competence of the Committee to receive and
consider communications to the effect that a State Party claims that
another State Party is not fulfilling its obligations under this
Convention. Such communications may be received and considered according to
the procedures laid down in this article only if submitted by a State Party
which has made a declaration recognizing in regard to itself the competence
of the Committee. No communication shall be dealt with by the Committee
under this article if it concerns a State Party which has not made such a
declaration. Communications received under this article shall be dealt with
in accordance with the following procedure:

(a) If a State Party considers that another State Party is not giving
effect to the provisions of this Convention, it may, by written
communication, bring the matter to the attention of that State Party.
Within three months after the receipt of the communication the
receiving State shall afford the State which sent the communication
an explanation or any other statement in writing clarifying the
matter which should include, to the extent possible and pertinent,
references to domestic procedures and remedies taken, pending, or
available in the matter.

(b) If the matter is not adjusted to the satisfaction of both States
Parties concerned within six months after the receipt by the
receiving State of the initial communication, either State shall have
the right to refer the matter to the Committee by notice given to the
Committee and to the other State.

(c) The Committee shall deal with a matter referred to it under this
article only after it has ascertained that all domestic remedies have
been invoked and exhausted in the matter, in conformity with the
generally recognized principles of international law. This shall not
be the rule where the application of the remedies is unreasonably
prolonged or is unlikely to bring effective relief to the person who
is the victim of the violation of this Convention.

(d) The Committee shall hold closed meetings when examining
communications under this article.

(e) Subject to the provisions of subparagraph (c), the Committee shall
make available its good offices to the States Parties concerned with
a view to a friendly solution of the matter on the basis of respect
for the obligations provided for in the present Convention. For this
purpose, the Committee may, when appropriate, set up an ad hoc
conciliation commission.

(f) In any matter referred to it under this article, the Committee may
call upon the States Parties concerned, referred to in subparagraph
(b), to supply any relevant information.

(g) The States Parties concerned, referred to in subparagraph (b), shall
have the right to be represented when the matter is being considered
by the Committee and to make submissions orally and/or in writing.

(h) The Committee shall, within 12 months after the date of receipt of
notice under subparagraph (b), submit a report.

(i) If a solution within the terms of subparagraph (e) is reached,
the Committee shall confine its report to a brief statement of the
facts and of the solution reached.

(ii) If a solution within the terms of subparagraph (e) is not
reached, the Committee shall confine its report to a brief statement
of the facts; the written submissions and record of the oral
submissions made by the States Parties concerned shall be attached to
the report.

In every matter, the report shall be communicated to the States Parties
concerned.

2. The provisions of this article shall come into force when five States
Parties to this Convention have made declarations under paragraph 1 of this
article. Such declarations shall be deposited by the States Parties with
the Secretary-General of the United Nations, who shall transmit copies
thereof to the other States Parties. A declaration may be withdrawn at any
time by notification to the Secretary-General. Such a withdrawal shall not
prejudice the consideration of any matter which is the subject of a
communication already transmitted under this article; no further
communication by any State Party shall be received under this article after
the notification of withdrawal of the declaration has been received by the
Secretary-General, unless the State Party concerned has made a new
declaration.

Article 22

1. A State Party to this Convention may at any time declare under this
article that it recognizes the competence of the Committee to receive and
consider communications from or on behalf of individuals subject to its
jurisdiction who claim to be victims of a violation by a State Party of the
provisions of the Convention. No communication shall be received by the
Committee if it concerns a State Party to the Convention which has not made
such a declaration.

2. The Committee shall consider inadmissible any communication under this
article which is anonymous, or which it considers to be an abuse of the
right of submission of such communications or to be incompatible with the
provisions of this Convention.

3. Subject to the provisions of paragraph 2, the Committee shall bring any
communication submitted to it under this article to the attention of the
State Party to this Convention which has made a declaration under paragraph
1 and is alleged to be violating any provisions of the Convention. Within
six months, the receiving State shall submit to the Committee written
explanations or statements clarifying the matter and the remedy, if any,
that may have been taken by that State.

4. The Committee shall consider communications received under this article
in the light of all information made available to it by or on behalf of the
individual and by the State Party concerned/

5. The Committee shall not consider any communication from an individual
under this article unless it has ascertained that:

(a) The same matter has not been, and is not being examined under another
procedure of international investigation or settlement;

(b) The individual has exhausted all available domestic remedies; this
shall not be the rule where the application of the remedies is
unreasonably prolonged or is unlikely to bring effective relief to
the person who is the victim of the violation of this Convention.

6. The Committee shall hold closed meetings when examining communications
under this article.

7. The Committee shall forward its views to the State Party concerned and
to the individual.

8. The provisions of this article shall come into force when five States
Parties to this Convention have made declarations under paragraph 1 of this
article. Such declarations shall be deposited by the States Parties with
the Secretary-General of the United Nations, who shall transmit parties
thereof to the other States Parties. A declaration may be withdrawn at any
time by notification to the Secretary-General. Such a withdrawal shall not
prejudice the consideration of any matter which is the subject of a
communication already transmitted under this article; no further
communication by or on behalf of an individual shall be received under this
article after the notification of withdrawal of the declaration has been
received by the Secretary-General, unless the State Party concerned has
made a new declaration.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.


Posted

in

, ,

by

Tags:

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *