10.02.2013 Views

Guide to International Human Rights Mechanisms - Brookings

Guide to International Human Rights Mechanisms - Brookings

Guide to International Human Rights Mechanisms - Brookings

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Go To Part I II III IV V<br />

the incident, a description of steps taken <strong>to</strong> exhaust domestic remedies, and an allegation of which<br />

rights under the CAT have been violated, and should include copies of any relevant documents<br />

(such as court orders in the case).<br />

confidentiality Communications may not be anonymous and the names of both the author and<br />

victim will be revealed <strong>to</strong> the state party that is the subject of the complaint. On request, these<br />

names can be withheld from the eventual opinion and other public documents.<br />

Procedure Communications are initially screened by the secretariat, which may contact the author<br />

for further information. It is then reviewed by a Special Rapporteur on New Communications<br />

who will decide whether or not <strong>to</strong> register the case. If registered, the Committee will transmit the<br />

communication <strong>to</strong> the state party concerned, which has six months <strong>to</strong> reply. The author is then<br />

given six weeks <strong>to</strong> comment on the state’s reply. The process usually takes one year or less. The<br />

results are included in the Committee’s annual report <strong>to</strong> the General Assembly.<br />

Potential result Individual communications may result in the Committee’s adoption of<br />

“Decisions” finding a violation of the CAT and making recommendations, such as a halt <strong>to</strong><br />

violations, compensation, a change in laws, or other action. For state reports, the interventions<br />

of IDP advocates can result in specific questions being asked of state delegations on IDP issues<br />

and inclusion of findings and recommendations on these issues in the Committee’s concluding<br />

observations. If the CAT undertakes an “inquiry” about serious and systemic violations in a<br />

particular state, a summary of its findings may (or may not) be publicly released. Otherwise, all<br />

of the Committee’s views, concluding observations, and decisions adopted during the year are<br />

normally included in the Committee’s annual report <strong>to</strong> the General Assembly.<br />

In its Decisions, the Committee regularly asks for information from the state party about its<br />

compliance with the recommendations made. One member of the Committee is appointed Special<br />

Rapporteur for Follow Up who contacts states <strong>to</strong> determine if recommendations have been followed.<br />

All discussions with states about follow up issues are maintained confidential.<br />

contact<br />

<strong>International</strong> <strong>Mechanisms</strong> | <strong>Human</strong> <strong>Rights</strong> Treaty Bodies<br />

Committee against Torture<br />

Petitions Team<br />

Office of the High Commissioner for <strong>Human</strong> <strong>Rights</strong><br />

United Nations Office at Geneva<br />

1211 Geneva 10<br />

Switzerland<br />

Fax: + 41 22 9179022 (particularly for urgent matters)<br />

E-mail: tb-petitions@ohchr.org (include CAT in subject line)<br />

<strong>Guide</strong> <strong>to</strong> <strong>International</strong> <strong>Human</strong> <strong>Rights</strong> <strong>Mechanisms</strong><br />

for Internally Displaced Persons and their Advocates 1

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!