Guide to International Human Rights Mechanisms - Brookings

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International Mechanisms | Human Rights Treaty Bodies
of states parties on their progress in abiding by the CAT, issues “general comments” about the
requirements of the CAT, considers individual complaints of torture concerning states that have
made the necessary declaration, and undertakes “inquiries” on its own initiative with states parties
concerning allegations of serious or systemic violations of the CAT. 62
What you can Do You can file communications for violations of your rights under the CAT by
states parties that have made a declaration allowing this. If you represent an NGO, you can also
provide general information on IDP rights issues in advance of Committee consideration of state
periodic reports. Moreover, you can recommend that the CAT undertake an “inquiry” concerning
serious or systemic violations of the CAT in a particular state.
evaluation The Committee against Torture is a distant second to the Human Rights Committee
among UN-administered treaty bodies in the number of individual complaints it has decided (140
as of the date of writing).
If a choice is available between the Committee against Torture and the Human Rights Committee,
IDPs and NGOs should keep in mind that the latter Committee is able to apply a broader definition
of “torture.” For the purposes of CAT, torture is defined as physical or mental pain inflicted for the
specific purpose of (1) obtaining information, (2) punishment, (3) intimidation or coercion, or
(4) discrimination. In contrast, the International Covenant on Civil and Political Rights does not
require that the torturer have a particular purpose in mind. To constitute torture, both definitions
require that it be performed by governmental officials or with their acquiescence. If a case falls
within both the CAT’s and the CCPR’s definitions of torture and that is the only or primary issue
of concern, IDPs and NGOs would probably be advised to choose CAT because of its expertise in
the area and quicker resolution of cases (normally within one year).
In addition to torture, the Committee can also consider complaints of state failure to prevent “cruel,
inhuman or degrading punishment or treatment” by public authorities or of their acquiescence in
torture, particularly through training of law enforcement, review of interrogation methods and
investigation. The Committee has previously noted that internal exile, a form of displacement, is
considered “cruel, inhuman or degrading punishment.” 63
In addition to submitting communications, concerned NGOs should consider submitting systemic
information on IDP rights issues to the Committee as background for its consideration of state periodic
reports and, where appropriate, to suggest that the Committee initiate its own inquiry where violations
of CAT are serious and systematic. Information about when state reports are due and how information
may be provided can be obtained from the Secretary of the Committee (whose contact information is
below) and the website of the Office of the High Commissioner for Human Rights (www.ohchr.org).
Who may submit communications Normally, only an individual whose rights allegedly have
been violated or his or her direct representative (such as a lawyer) may submit a communication.
62 The Committee also has the power to consider complaints by states about other states where both parties have made a prior declaration to this
effect. However, no state has ever invoked this power.
63 E.g. U.N. Doc. A/52/44, paras. 120(f ) (concluding observations on the periodic report of Georgia).
Guide to International Human Rights Mechanisms
for Internally Displaced Persons and their Advocates 1