SVAW - International Law: United Nations System

UN Committee against Torture

Women’s advocates may use the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to promote women’s rights. The Convention establishes the Committee against Torture, which consists of 10 independent experts who are members of States party to the Convention. The Committee Against Torture carries out its mandate to eradicate the practice of torture through two mechanisms: receipt of direct communications (complaints) and the reporting/ monitoring process. The Committee Against Torture views violence against women, including sexual violence and trafficking, as gender-based acts of torture and within the purview of the Committee.

States that have ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment are required to submit periodic reports documenting compliance with the provisions of the treaty every four years. The Committee meets twice a year to review the government reports. The Committee invites representatives of the State party to attend these sessions and provide further information if the Committee requests clarification. After its consideration of the report, the Committee may make general comments, in particular noting whether the State party is in compliance with its obligations under the treaty. The concluding comments are broad and not legally binding.

Additionally, the Convention against Torture is the only treaty to allow Committee members to make a confidential inquiry about a specific country and to report the findings directly to the Committee when it receives “reliable information which appears to . . . contain well-founded indications that torture is systematically practiced in the territory of the State Party.” This procedure is similar to that which allows members of the Committee on the Elimination of Discrimination Against Women to initiate inquiries into situations of grave or systemic violations of women’s rights in, under the Optional Protocol.

Although there is no formal mechanism for individuals and nongovernmental organizations (NGOs) to participate in the monitoring process, the Committee relies on information submitted by NGOs. NGOs may submit “shadow” or alternative country reports that elaborate on information contained in State party reports. NGOs can also monitor many of the Committee’s proceedings as observers.

NGOs are not limited in the number of UN bodies to which they can submit shadow reports. Thus, for the purposes of advocacy, NGOs can bring international attention to issues of violence against women through the monitoring of government obligations under any treaty that protects women’s human rights. Women’s rights NGOs are using the mechanism of submitting shadow reports to the Committee Against Torture as a way to bring attention to the issue of violence against women. For example, the World Organization Against Torture (OMCT) is an international coalition of NGOs that addresses women’s rights through its Women’s Program. The World Organization Against Torture works to ensure that the issue of gender-based violence, such as torture, domestic violence, rape, sexual abuse, trafficking and forced prostitution, is included within the purview of the UN human rights treaty bodies, including the Committee Against Torture, the Committee on the Elimination of Discrimination against Women, the Committee on Economic, Social and Cultural Rights and the Human Rights Committee. Amnesty International USA, a human rights NGO, also conceptualizes domestic violence as the torture or ill-treatment of women occurring in the home. Amnesty International’s report, Broken Bodies, Shattered Minds, contains information about the problem of domestic violence worldwide.

The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment also allows private individuals the right to make direct complaints to the Committee Against Torture in some instances. Article 22 of the Convention allows State parties to recognize the competence of the Committee to review complaints that the particular State is not fulfilling its obligations under the Convention. The State parties which allow individual complaints are listed on the UN website. The Committee reviews individual complaints to determine admissibility before consideration of the merits. Before making a decision, the Committee may request that the State party undertake provisional measures to protect the victim. The Committee’s conclusions are sent to the complainant and the State party concerned and are summarized in the Committee’s annual report.

The complaint and reporting mechanisms available under the Human Rights Committee are summarized below.

Complaint Mechanism- Article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

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. 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.
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.

Additional Resources

General Information on the Committee against Torture can be found on the UN website.

Information about the complaint mechanism under Article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is also available on the UN site.

Further information about the Committee against Torture may also be found on UN Fact Sheet 17. Most UN Fact Sheets can be accessed on the web.

Frontline, an Irish NGO, has created a Human Rights Defenders Manual, which includes detailed information on submitting complaints to the Committee Against Torture in cases of specific human rights violations.

Reporting Mechanism- Committee against Torture

*Type of Mechanism*	Reporting and Monitoring
Scope of the Procedure	The rights enumerated in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Who can Submit a Report	NGOs
Role of Advocates	NGOs can submit “shadow” or alternative reports to the Committee. NGOs with UN accreditation can also monitor the Committee proceedings during State reporting periods.
Available Remedies	No remedies for individual rights violations.
How to Submit a Report	There is no single format for shadow reports, but the report should be organized according to the articles of the Convention, as a commentary on the State party report. A shadow report should analyze a particular problem rather than merely describe it. More information on writing shadow reports, using shadow reports strategically and sample NGO reports can be found in the Human Rights Investigation and Documentation section of this 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 Email: crueda.hchr@unog.ch
How the Reporting Procedure Works	After ratifying the Convention, State parties are required to submit an initial report on compliance. States must then submit periodic reports every four years. The Committee meets regularly twice a year to review the periodic reports. A country will not be reviewed until it has submitted a report. There are no deadlines for submitting shadow reports, but NGO submissions are most useful to the Committee at the time that a specific State is reporting. NGOs should allow Committee members enough time to review the submission, ideally a few months before the session date. The Committee can invite specialized agencies, United Nations bodies, intergovernmental organizations and NGOs with consultative status with the Economic and Social Council to submit information, reports and written statements relevant to the Committee’s work. During the session, NGOs may attend as observers, but not participate in the formal proceedings. Once the Committee has reviewed the reports, it issues comments and recommendations.
Advantages/ Disadvantages	NGOs have used shadow reports effectively to advocate for change. Periodic State reporting has put pressure on national governments to amend legislation and policies to bring them into compliance with the Convention. Individuals cannot submit information to the Committee. There are no enforcement mechanisms applicable to States that do not submit periodic reports.

Additional Resources

UN Fact Sheet No.17 has information about Committee against Torture and the State reporting system. Most UN Fact Sheets can be accessed on the web.

The Committee against Torture also has a webpage with access to State party reports and the Committee’s concluding observations.

More information on writing shadow reports, using shadow reports strategically and sample NGO reports can be found in the Human Rights Investigation and Documentation section of this website.