Committee Against Torture - Working Methods

Overview of the working methods of the Committee Against Torture

I.	Introduction
II.	Guidelines for reporting by States parties A. Pre-session working group B. Constructive dialogue C. Concluding observations/comments
IV.	Follow-up to concluding observations/comments
V.	Strategies to encourage reporting by States parties
VI.	Documentation supplied by the Secretariat
VII.	Interaction with specialized agencies and bodies of the United Nations
VIII.	Participation of non-governmental organizations and national human rights institutions in the activities of the Committees
XI.	General comments/recommendations
X.	Statements adopted by the Committee
XI.	Individual Communications
XII.	Other matters

 

I. Introduction

...

II. Guidelines for reporting by States parties

The Committee has adopted reporting guidelines to assist States parties in the preparation of initial and periodic reports. (1) The guidelines on initial reports are being revised in the light of the Committee’s own experience and the efforts of harmonization being conducted by all human rights treaty monitoring bodies.

The Committee attaches great importance to the inclusion in the State reports of information related to the de facto implementation of the Convention as well as factors and difficulties affecting such implementation. The Committee also welcomes the involvement of national institutions for the protection and promotion of human rights and non-governmental organizations in the process of consultations leading to the preparation of reports by Governments.

III. Consideration of reports of States parties by the Committee

At each session the Committee selects, among the reports received, those to be examined at its following two sessions. In making the selection the Committee usually follows the chronological order of submission, while giving priority to initial reports over periodic ones. At the same time the Committee appoints two of its members to act as rapporteurs for each country report. One member can act as rapporteur for more than one report during the same session.

A. Pre-session working group

At the session prior to the one at which a periodic report will be considered, the Committee draws up a list of issues to be transmitted to the State in question at least two months before the consideration of the report. Such list is prepared on the basis of the information contained in the report, recommendations addressed by the Committee to the State in the past and information originating from non-governmental sources.

The practice of transmitting lists of issues to the States under examination started in 2004. The lists of issues are intended to focus the dialogue with the States on matters of particular interest for the Committee. Replies to them are to be provided orally during the consideration of the report

B. Constructive dialogue

The Committee holds two sessions annually, a two-week session in November and a three-week session in May. Five to seven States parties are invited to present their reports at each session.

The consideration of a report usually takes the form of a dialogue between the delegation from the reporting State and the Committee. The aim of the dialogue is to enhance the Committee’s understanding of the situation in the State party as it pertains to the Convention and to provide advice on how to improve the implementation of the Convention. Exceptionally, the Committee may consider a report in the absence of representatives of the State party when, after being notified, they fail to appear and do not provide strong reasons. (2)

Two public meetings, an initial half-day morning meeting and another in the afternoon of the following day, are generally devoted to the consideration of a report. The first meeting begins with a presentation by the State party representatives, who usually highlight relevant parts of the report, update the information contained in it and provide replies to the list of issues previously sent by the Committee. Afterwards, the country rapporteurs and other Committee members make comments and seek additional information related to issues they consider require further clarification. They can also raise matters that had not been referred to in the initial list of issues.

It is the Committee’s practice that individual members refrain from participating in any aspect of the consideration of the reports of the States parties of which they are nationals.

Press releases in English and French are issued immediately by the United Nations Information Service regarding the meetings at which a State report is considered. Summary records are also issued during or after the closure of the session in English or French.

The official languages of the Committee being English, French, Russian and Spanish, interpretation into these languages is provided in all official meetings. The State reports and other relevant documents are also made available in these languages. State reports submitted in Arabic or Chinese are issued as official documents also in the original language. Arabic and Chinese interpretation is made available when State representatives wish to use these languages.

C. Concluding observations/comments

Following the consideration of each report the Committee proceeds to a deliberation in closed meeting on the basis of which the country rapporteurs draft conclusions and recommendations. The drafts are subsequently discussed and adopted in plenary, also during a closed meeting. The conclusions and recommendations follow a standard format which consists of a brief introduction, followed by sections noting positive aspects, subjects of concern to the Committee and related recommendations.

Once adopted, the conclusions and recommendations are forwarded to the State party concerned and, within 24 hours, read in public meeting in the presence of State representatives. After the public reading the conclusions and recommendations are reflected in a press release and posted in the website of the Office of the High Commissioner for Human Rights. They can also be made available to any interested parties. Finally, they are included in the annual report that the Committee presents to the General Assembly of the United Nations every autumn.

In reply to the conclusions and recommendations the State Party may submit any comment it considers appropriate. If the State so requests, the Committee can make such comments public by issuing them as an official document.

IV. Follow-up to concluding observations/comments

Among its recommendations the Committee may identify some regarding which it would like to receive information from the State party, within one year, on measures taken towards their implementation. (3) The Committee has appointed a rapporteur to follow-up on the State Party’s compliance with these requests.

V. Strategies to encourage reporting by States parties

Twice a year the Committee issues a list of overdue reports. Such list is also included in the Committee’s annual report to the General Assembly. The Committee may also send to a State party a reminder concerning the submission of its report(s). Furthermore, at its 29th session in 2002 the Committee asked two of its members to maintain contacts with representatives of non-reporting States in order to encourage the preparation and submission of reports.

VI. Documentation supplied by the Secretariat

The Secretariat provides the Committee with country files containing information from the Committee itself, other UN bodies and mechanisms, specialized agencies, regional organizations and NGOs. A country analysis is also provided summarizing the most relevant information available on the country

VII. Interaction with specialized agencies and bodies of the United Nations

Under rule 62 of its Rules of Procedure, the Committee may invite United Nations specialized agencies and bodies to submit information relevant to the Committee’s activities under the Convention. Thus, invitations are regularly addressed to those agencies whose mandates are closer to the Committee’s activities.

The information is usually submitted in writing on a confidential basis

VIII. Participation of non-governmental organizations and national human rights institutions in the activities of the Committees

Under rule 62 of its Rules of Procedure, the Committee invites ngos to submit information relevant to its activities. The information is usually submitted in writing. Copy of it is brought to the attention of the State concerned unless the authors object. This practice allows the State party to be better prepared to respond to questions that may be posed by the Committee on the basis of such information. NGOs may also brief Committee members orally during the session. Such briefings, devoted to one country at the time, are organized outside the formal meetings of the Committee and are limited to the attendance of Committee members only.

Following the recommendation of the first inter-committee meeting, the Committee has started to inform the national human rights institution of the country concerned about the consideration of the State report and invite it to submit written information.

IX. General comments/recommendations

The Committee may also adopt general comments on specific provisions of the Convention or issues related to their implementation. Thus, a general comment was adopted in 1997 on the implementation of article 3 in connection with article 22 of the Convention. (4)

X. Statements adopted by the Committee

The Committee adopts statements to draw attention and highlight the importance of major developments and issues that bear upon the implementation of the Convention and to clarify its position with respect to such issues. The Committee may issue a statement independently or jointly with other United Nations bodies as it deems appropriate. Thus, joint statements are usually issued on the occasion of the United Nations International Day in Support of Victims of Torture.

XI. Individual Communications

CAT has set up a pre-sessional working group composed of four members to, inter alia, deal with individual communications received under article 22 of the Convention. The working group reviews the communications on which a decision on admissibility, merits or discontinuation needs to be taken and makes recommendations to the plenary. The Committee has also appointed rapporteurs to deal, respectively, with new communications and follow-up to decisions declaring that a violation of the Convention has taken place.

XII. Other matters

Cooperation with other United Nations human rights bodies not related to the examination of a State report

The Committee interacts with other human rights treaty bodies, particularly on matters related to methods of work, through the participation at the inter-committee meetings and meeting of Chaipersons of human rights treaty bodies. It also maintains regular contacts, directly or through the Secretariat, with the other United Nations bodies and mechanisms dealing specifically with torture, i.e. the special rapporteur on torture of the Commission on Human Rights and the Board of Trustees of the Voluntary Fund for Victims of Torture. The purpose of such contacts is to exchange information, coordinate activities and avoid duplication.

___________________________________________

(1) CAT/C/4/Rev.3 for initial reports and CAT/C/14/Rev.1 for periodic reports;

(2) Rule 66, para. 2 of the Rules of Procedure.

(3) Rule 68, para.1 of the Rules of Procedure.

(4) A/53/44, para. 258 or Compilation of General Comments and General Recommendations adopted by Human Rights Treaty Bodies, HRI/GEN/1/Rev.6, pp. 279-281.

...