Guide to International Human Rights Mechanisms - Brookings

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International Mechanisms | Human Rights Treaty Bodies
In exceptional circumstances, relatives or others may submit a communication on the individual’s
behalf without his or her direct consent if the individual cannot do so (such as when he or she has
been detained and cannot be contacted).
competence The Committee against Torture may consider violations of the rights provided in the
CAT and only concerning states that have ratified the CAT and which have not entered reservations
about the right at issue. It can only consider individual communications for states that have made
a declaration to this effect under article 22 of the CAT. (Updated information on ratifications,
declarations and reservations can be found at www.ohchr.org).
exhaustion of Domestic remedies The Committee requires exhaustion of domestic remedies
before communications will be admitted, unless those remedies are not reasonably available or
effective or would be overly prolonged. The precise contours of this rule are described in the
Committee’s Rules of Procedure and interpreted in a number of the Committee’s views that should
be studied prior to preparing a communication.
Duplication of Procedures The Committee will not take up a case if the “same matter” (meaning the
same people and facts are involved and the same types of rights are asserted) is being or has been examined
by another human rights mechanism that handles cases individually. Thus, mechanisms like the 1503
procedure (page 51), and the complaints procedure of the Commission on the Status of Women (page
112) are not affected because they use individual case facts only as background for patterns of violation.
Even though many do individually handle complaints, this rule has not been applied to the Special
Procedures, including the Special Rapporteur on Torture (page 73). Thus, simultaneous communications
to any of these mechanisms and to the Human Rights Committee are permitted.
A number of states, mostly in Europe, have filed reservations extending the rule against duplication of
procedures to apply to cases where another mechanism, such as the European Court of Human Rights,
has concluded its examination of a matter and not only where its consideration is currently pending.
Time issues Only incidents of violations occurring (or continuing) after the CAT has been ratified
and entered into force for the state in question will be considered. While there is no strict time limit
for sending communications after the violation, a lengthy delay may be seen as an “abuse of the
right to submit a communication” and the case may not be taken up.
In situations of emergency where “irreparable harm” is imminent, authors of communications may
ask the Committee to request states to take “interim measures” pending final review of the case.
This may be requested at any time up to the point of decision.
language and format Communications must be in writing and signed. Technically, they may
be in any of the official UN languages (Arabic, Chinese, English, French, Russian or Spanish), but
those that are not in one of the Committee’s working languages (English, French and Spanish)
will likely be delayed. There is no required format, although an optional questionnaire is available
from the Committee’s secretariat. Communications must include at least the name, nationality and
contact information of the author of the communication and the victim, comprehensive details of
Guide to International Human Rights Mechanisms
for Internally Displaced Persons and their Advocates 1