Follow-up: Jurisprudence - CAT

150. At its twenty-eighth session, in May 2002, the Committee against Torture revised its rules of procedure and established the function of a Rapporteur for follow-up of decisions on complaints submitted under article 22.

151. The Rapporteur on follow-up submitted an oral report to the Committee at its thirty-third session. The report contained information received since the thirty-second session from either the complainants or the States parties on the issue of follow-up to a number of decisions in which the Committee had found violations of the Convention. During the consideration of this report, the Committee requested the Special Rapporteur to provide information on follow-up to all decisions in which the Committee had found violations of the Convention, including decisions in which the Committee found violations, prior to the commencement of the Rapporteur’s mandate.

152. During the thirty-fourth session, the Special Rapporteur presented a report on follow-up to all the Committee’s decisions, including new information received from both the complainants and States parties since the thirty-third session. This report is provided below.

Complaints in which the Committee has found violations of the Convention up to thirty-fourth session

Case	Date of adoption	Nationality of complainant and country of removal if applicable	Article of Covenant violated	Interim measures granted and State party’s response	Remedy	Follow-up	Further action
...
No. 214/2002 M.A.K. v. Germany	12 May 2004	Turkish to Turkey	No Violation	Granted and acceded to by the State party. Request by the State party to withdraw interim measures requested refused by the Rapporteur on new communications	Although the Committee found no violation of the Convention it welcomed the State party’s readiness to monitor the complainant’s situation following his return to Turkey and requested the State party to keep the Committee informed about the situation.	On 20 December 2004, the State party informed the Committee that the complainant had agreed to leave German territory voluntarily in July 2004 and that in a letter of 28 June 2004 his lawyer stated that he would leave Germany on 2 July 2004. In the same correspondence, as well as by telephone on 27 September 2004, his lawyer stated that the complainant did not wish to be monitored by the State party in Turkey but would call upon its assistance only in the event of arrest. For this reason, the State party does not consider it necessary to make any further efforts to monitor the situation at the moment.	No further action is required

¹ The present report reflects information up to the end of the thirty-fourth session

75. At its twenty-eighth session, in May 2002, the Committee against Torture revised its rules of procedure and established the function of a Rapporteur for follow-up of decisions on complaints submitted under article 22. At its 527th meeting, on 16 May 2002, the Committee decided that the Rapporteur shall engage, inter alia, in the following activities: monitoring compliance with the Committee’s decisions by sending notes verbales to States parties enquiring about measures adopted pursuant to the Committee’s decisions; recommending to the Committee appropriate action upon the receipt of responses from States parties, in situations of non-response, and upon the receipt henceforth of all letters from complainants concerning non-implementation of the Committee’s decisions; meeting with representatives of the permanent missions of States parties to encourage compliance and to determine whether advisory services or technical assistance by the Office of the High Commissioner for Human Rights would be appropriate or desirable; conducting with the approval of the Committee follow-up visits to States parties; preparing periodic reports to the Committee on his/her activities.

76. During its thirty-fourth session, the Committee, through its Special Rapporteur on follow-up to decisions, decided that in cases in which it had found violations of the Convention, including Decisions made by the Committee prior to the establishment of the follow-up procedure, the States parties should be requested to provide information on all measures taken by them to implement the Committee’s Decisions.

79. During the thirty-sixth session, the Special Rapporteur on follow-up to decisions presented new follow-up information that had been received since the thirty-fifth session with respect to the following cases: Dadar v. Canada (258/2004), Thabti v. Tunisia (187/2001), Abdelli v. Tunisia (188/2001) and Ltaief v. Tunisia (189/2001) and Chipana v. Venezuela (110/1998). Represented below is a comprehensive report of replies received with regard to all cases in which the Committee has found violations of the Convention to date and in one case in which it did not find a violation but made a recommendation. Where there is no field entitled “Committee’s decision” at the end of the provision of information in a particular case, the follow-up to the case in question is ongoing and further information has or will be requested of the complainant or the State party.

Complaints in which the Committee has found no violations of the Convention up to the thirty-sixth session but in which it requested follow-up information