CAT, A/57/44 (2002)



CHAPTER I. ORGANIZATIONAL AND OTHER MATTERS

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J. Amendments to the rules of procedure and methods of work


15.       During its twenty-eighth session the Committee revised its rules of procedure. Amendments were made to rules 12 (beginning of term of office for Committee members), 16 (term of office for officers), 61 (establishment of subsidiary bodies), 64 (submission of reports), 65 (non-submission of reports), 66 (attendance by States parties at examination of reports) and 68 (conclusions and recommendations by the Committee). Amendments were also made regarding the procedure for the consideration of complaints received under article 22 of the Convention (rules 96 to 115), as specified in chapter V of the present report. The text of the amended rules is contained in annex X.


16.       As a result of the amendments, the Committee decided, inter alia, to establish a mechanism to deal with non-reporting States and States that report but fail to send representatives to the Committee’s meetings. Furthermore, the amendment to rule 68 concerned the appointment of rapporteurs for follow-up to conclusions and recommendations on State party reports. The Committee decided that these rapporteurs would seek information as to a State party’s implementation of and compliance with the Committee’s conclusions and recommendations upon the former’s initial, periodic or other reports, and/or would urge the State party to take appropriate measures to that end. The rapporteurs would report to the Committee on the activities they have undertaken pursuant to this mandate. Ms. Gaer and Mr. González Poblete (alternate) were subsequently designated as rapporteurs on follow-up on conclusions and recommendations on State party reports.

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CHAPTER V. CONSIDERATION OF COMPLAINTS UNDER ARTICLE 22

OF THE CONVENTION


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198.     At its twenty-eighth session [April/May 2002], the Committee adopted revised rules of procedure to facilitate and expedite the examination of complaints (annex IX).


199.     Pursuant to revised rule 107 of the rules of procedure, with a view to reaching a decision on the admissibility of a complaint, the Committee, its Working Group, or a rapporteur designated under rules 98 or 106, paragraph 3, shall ascertain: that the individual claims to be a victim of a violation by the State party concerned of the provisions of the Convention; that the complaint is not an abuse of the Committee’s process or manifestly unfounded; that it is not incompatible with the provisions of the Convention; that the same matter has not been and is not being examined under another procedure of international investigation or settlement; that the complainant has exhausted all available domestic remedies and that the time elapsed since the exhaustion of domestic remedies is not unreasonably prolonged as to render consideration of the claims unduly difficult for the Committee or the State party.


200.     Pursuant to revised rule 109 of the rules of procedure, as soon as possible after a complaint has been registered, it shall be transmitted to the State party requesting a written reply within six months. Unless the Committee, the Working Group or a rapporteur decides, because of the exceptional nature of the case, to request a reply that relates only to the question of admissibility, the State party shall include in its reply explanations or statements that shall relate both to the admissibility and the merits of the complaint as well as to any remedy that may have been provided. A State party may apply, within two months, for the complaint to be rejected as inadmissible. The Committee, or the Rapporteur for new complaints and interim measures, may or may not agree to split the examination of admissibility from that of the merits. Following a separate decision on admissibility, the Committee shall fix the deadline for submissions on a case-by-case basis. The Committee, its Working Group or rapporteur(s) may request the State party concerned or the complainant to submit additional written information, clarifications or observations, and shall indicate a time limit for their submission. Within such time limits as indicated by the Committee, its Working Group or rapporteur(s), the State party or the complainant may be afforded an opportunity to comment on any submission received from the other party. Non-receipt of submissions or comments should not generally delay the consideration of the complaint, and the Committee or its Working Group may decide to consider the admissibility and/or merits in the light of available information.


201.     The Committee concludes examination of a complaint by formulating a decision thereon in the light of all information made available to it by the complainant and the State party. The findings of the Committee are communicated to the parties (article 22, paragraph 7, of the Convention and rule 112 of the rules of procedure) and are made available to the general public. The text of the Committee’s decisions declaring complaints inadmissible under article 22 of the Convention is also made public without disclosing the identity of the complainant, but identifying the State party concerned.

202.     Pursuant to new rule 115, paragraph 1, of its revised rules of procedure, the Committee may decide to include in its annual report a summary of the communications examined. The Committee shall also include in its annual report the text of its decisions under article 22, paragraph 7, of the Convention.


A. New methods of work


203.     At its twenty-seventh session, the Committee appointed one of its members, Mr. Mavrommatis, as Rapporteur for interim measures and confirmed him in this function at its twenty-eighth session as Rapporteur for new complaints and interim measures (rule 98). Also at its twenty-seventh session, the Committee decided to establish a pre-sessional working group of three to five members to assist the plenary in its work under article 22, and designated four of its members to participate in the first working group, Mr. Burns, Mr. Camara, Mr. González Poblete and Mr. Yakovlev. At the twenty-eighth session, the working group submitted recommendations to the Committee regarding the fulfilment of the conditions of admissibility as well as on the merits of complaints. Also at the twenty-eighth session, the Committee established the function of Rapporteur for follow-up and designated Mr. González Poblete and Ms. Gaer (alternate) as Rapporteurs (rule 114). The terms of reference of the Rapporteur for new complaints and interim measures are reproduced in annex VIII, and the text of the terms of reference of the Rapporteurs for follow-up are reproduced in annex IX.

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Annex VIII


Terms of reference of the Rapporteur on new complaints and interim measures


            At its twenty-eighth session, in May 2002, the Committee against Torture revised its rules of procedure and established the function of rapporteur for new complaints and interim measures (rules 98 and 108).


            At its 527th meeting on 16 May 2002, the Committee decided that the Rapporteur on new complaints and interim measures shall have the mandate, inter alia, to request interim measures of protection pursuant to rule 108 of the rules of procedure; to withdraw requests for interim measures in appropriate cases; to follow up on State compliance with requests for interim measures of protection; to decide on the registration of new complaints in such cases where the secretariat has sought instructions on registration; to inform the Committee at each session on action taken during the intersessional period; and to draft recommendations for the Committee’s consideration of the admissibility of complaints.


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Annex IX


Terms of reference of the Rapporteur on follow-up of decisions on

complaints submitted under article 22


            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 for follow-up decisions on complaints submitted under article 22 shall have the mandate, inter alia, to monitor compliance with the Committee’s decisions, inter alia by sending notes verbales to States parties inquiring about measures adopted pursuant to the Committee’s decisions; to recommend 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; to meet 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; to conduct with the approval of the Committee, follow-up visits to States parties; to prepare periodic reports to the Committee on his/her activities.


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Annex X


Amended rules of procedure*


Beginning of term of office


Rule 12


1.         The term of office of the members of the Committee elected at the first election shall begin on 1 January 1988. The term of office of members elected at subsequent elections shall begin on the day after the date of expiry of the term of office of the members whom they replace.


2.         The Chairperson, members of the Bureau and rapporteurs may continue performing the duties assigned to them until one day before the first meeting of the Committee, composed of its new members, at which it elects its officers.


Term of office


Rule 16


Subject to the provisions of rule 12 regarding the Chairperson, members of the Bureau and rapporteurs, the officers of the Committee shall be elected for a term of two years. They shall be eligible for re-election. None of them, however, may hold office if he or she ceases to be a member of the Committee.


Establishment of subsidiary bodies


Rule 61


1.         The Committee may, in accordance with the provisions of the Convention and subject to the provisions of rule 25, set up ad hoc subsidiary bodies as it deems necessary and define their composition and mandates.


2.         Each subsidiary body shall elect its own officers and adopt its own rules of procedure. Failing such rules, the present rules of procedure shall apply mutatis mutandis.


3.         The Committee may also appoint one or more of its members as rapporteurs to perform such duties as mandated by the Committee.



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* The full text of the rules of procedure incorporating these amendments will be issued as CAT/C/3/Rev.4.


Submission of reports


Rule 64


1.         The States parties shall submit to the Committee, through the Secretary-General, reports on the measures they have taken to give effect to their undertakings under the Convention, within one year after the entry into force of the Convention for the State party concerned. Thereafter the States parties shall submit supplementary reports every four years on any new measures taken and such other reports as the Committee may request.


2.         In appropriate cases the Committee may consider the information contained in a recent report as covering information that should have been included in overdue reports.


3.         The Committee may, through the Secretary-General, inform the States parties of its wishes regarding the form and contents as well as the methodology for consideration of the reports to be submitted under article 19 of the Convention, and issue guidelines to that effect.


Non-submission of reports


Rule 65


1.         At each session, the Secretary-General shall notify the Committee of all cases of non-submission of reports under rules 64 and 67 of these rules. In such cases the Committee may take such action as it deems appropriate, including the transmission to the State party concerned, through the Secretary-General, of a reminder concerning the submission of such report or reports.


2.         If, after the reminder referred to in paragraph 1 of this rule, the State party does not submit the report required under rules 64 and 67 of these rules, the Committee shall so state in the annual report which it submits to the States parties and to the General Assembly of the United Nations.


3.         In appropriate cases the Committee may notify the defaulting State party through the Secretary-General that it intends, on a date specified in the notification, to examine the measures taken by the State party to protect or give effect to the rights recognized in the Convention, and make such general comments as it deems appropriate in the circumstances.


Attendance by States parties at examination of reports


Rule 66


1.         The Committee shall, through the Secretary-General, notify the States parties, as early as possible, of the opening date, duration and place of the session at which their respective reports will be examined. Representatives of the States parties shall be invited to attend the meetings of the Committee when their reports are examined. The Committee may also inform a State party



from which it decides to seek further information that it may authorize its representative to be present at a specified meeting. Such a representative should be able to answer questions which may be put to him/her by the Committee and make statements on reports already submitted by his/her State, and may also submit additional information from his/her State.


2.         If a State party has submitted a report under article 19, paragraph 1, of the Convention but fails to send a representative, in accordance with paragraph 1 of this rule, to the session at which it has been notified that its report will be examined, the Committee may, at its discretion, take one of the followings courses:

 

(a)Notify the State party through the Secretary-General that, at a specified session, it intends to examine the report in accordance with rule 66, paragraph 2, and thereafter act in accordance with rule 68; or

 

(b)Proceed at the session originally specified to examine the report and thereafter make and submit to the State party its provisional concluding observations. The Committee will determine the date on which the report shall be examined under rule 66, or the date on which a new periodic report shall be submitted under rule 67.


Conclusions and recommendations by the Committee


Rule 68


1.         After its consideration of each report, the Committee, in accordance with article 19, paragraph 3, of the Convention, may make such general comments, conclusions or recommendations on the report as it may consider appropriate and shall forward these, through the Secretary-General, to the State party concerned, which in reply may submit to the Committee any comment that it considers appropriate. The Committee may, in particular, indicate whether, on the basis of its examination of the reports and information supplied by the State party, it appears that some of the obligations of that State under the Convention have not been discharged, and may, as appropriate, appoint one or more rapporteurs to follow up with its compliance of the Committee’s conclusions and recommendations.


2.         The Committee may, where necessary, indicate a time limit within which observations from States parties are to be received.


3.         The Committee may, at its discretion, decide to include any comments made by it in accordance with paragraph 1 of this rule, together with any observations thereon received from the State party concerned, in its annual report made in accordance with article 24 of the Convention. If so requested by the State party concerned, the Committee may also include a copy of the report submitted under article 19, paragraph 1, of the Convention.



XIX. PROCEDURE FOR THE CONSIDERATION OF COMPLAINTS RECEIVED UNDER ARTICLE 22 OF THE CONVENTION


A. General provisions


Declarations by States parties


Rule 96


1.         The Secretary-General shall transmit to the other States parties copies of the declarations deposited with him by States parties recognizing the competence of the Committee, in accordance with article 22 of the Convention.


2.         The withdrawal of a declaration made under article 22 of the Convention shall not prejudice the consideration of any matter which is the subject of a complaint already transmitted under that article; no further complaint by or on behalf of an individual shall be received under that article after the notification of withdrawal of the declaration has been received by the Secretary-General, unless the State party has made a new declaration.


Transmission of complaints


Rule 97


1.         The Secretary-General shall bring to the attention of the Committee, in accordance with the present rules, complaints which are or appear to be submitted for consideration by the Committee under paragraph 1 of article 22 of the Convention.


2.         The Secretary-General, when necessary, may request clarification from the complainant as to his/her wish to have his/her complaint submitted to the Committee for consideration under article 22 of the Convention. In case there is still doubt as to the wish of the complainant, the Committee shall be seized of the complaint.


Registration of complaints; Rapporteur for new complaints and interim measures


Rule 98


1.         Complaints may be registered by the Secretary-General or by decision of the Committee or by the Rapporteur on new complaints and interim measures.


2.         No complaint shall be registered by the Secretary-General if:

 

(a)It concerns a State which has not made the declaration provided for in article 22, paragraph 1, of the Convention; or


            (b)       It is anonymous; or

 

(c)It is not submitted in writing by the alleged victim or by close relatives of the alleged victim on his/her behalf or by a representative with appropriate written authorization.


3.         The Secretary-General shall prepare lists of the complaints brought to the attention of the Committee in accordance with rule 97 above with a brief summary of their contents, and shall circulate such lists to the members of the Committee at regular intervals. The Secretary-General shall also maintain a permanent register of all such complaints.


4.         An original case file shall be kept for each summarized complaint. The full text of any complaint brought to the attention of the Committee shall be made available to any member of the Committee upon his/her request.


Request for clarification or additional information


Rule 99


1.         The Secretary-General or the Rapporteur on new complaints and interim measures may request clarification from the complainant concerning the applicability of article 22 of the Convention to his/her complaint, in particular regarding:

 

(a) The name, address, age and occupation of the complainant and the verification of his/her identity;


            (b)       The name of the State party against which the complaint is directed;


            (c)       The object of the complaint;


            (d)       The provision or provisions of the Convention alleged to have been violated;


            (e)       The facts of the claim;


            (f)        Steps taken by the complainant to exhaust domestic remedies;

 

(g) Whether the same matter is being or has been examined under another procedure of international investigation or settlement.


2.         When requesting clarification or information, the Secretary-General shall indicate an appropriate time limit to the complainant with a view to avoiding undue delays in the procedure under article 22 of the Convention. Such time limit may be extended in appropriate circumstances.


3.         The Committee may approve a questionnaire for the purpose of requesting the above-mentioned information from the complainant.


4.         The request for clarification referred to in paragraphs 1 (c)-(g) of the present rule shall not preclude the inclusion of the complaint in the list provided for in rule 98, paragraph 3.


5.         The Secretary-General shall instruct the complainant on the procedure that will be followed and inform him/her that the text of the complaint shall be transmitted confidentially to the State party concerned in accordance with article 22, paragraph 3, of the Convention.


Summary of the information


Rule 100


For each registered complaint the Secretary-General shall prepare and circulate to the members of the Committee a summary of the relevant information obtained.


Meetings and hearings


Rule 101


1.         Meetings of the Committee or its subsidiary bodies during which complaints under article 22 of the Convention will be examined shall be closed.


2.         Meetings during which the Committee may consider general issues, such as procedures for the application of article 22 of the Convention, may be public if the Committee so decides.


Issue of communiqués concerning closed meetings


Rule 102


The Committee may issue communiqués, through the Secretary-General, for the use of the information media and the general public regarding the activities of the Committee under article 22 of the Convention.


Obligatory non-participation of a member in the examination of a complaint


Rule 103


1.         A member shall not take part in the examination of a complaint by the Committee or its subsidiary body:


            (a)       If he/she has any personal interest in the case; or

 

(b) If he/she has participated in any capacity, other than as a member of the Committee, in the making of any decision on the case; or

 

(c) If he/she is a national of the State party concerned or is employed by that country.


2.         Any question which may arise under paragraph 1 above shall be decided by the Committee without the participation of the member concerned.


Optional non-participation of a member in the examination of a complaint


Rule 104


If, for any other reason, a member considers that he/she should not take part or continue to take part in the examination of a complaint, he/she shall inform the Chairman of his/her withdrawal.


B. Procedure for determining admissibility of complaints


Method of dealing with complaints


Rule 105


1.         In accordance with the following provisions, the Committee shall decide by simple majority as soon as practicable whether or not a complaint is admissible under article 22 of the Convention.


2.         The working group established under rule 106, paragraph 1, may also declare a complaint admissible by majority vote or inadmissible by unanimity.


3.         The Committee, the working group established under rule 106, paragraph 1, or the rapporteur(s) designated under rule 106, paragraph 3, shall, unless they decide otherwise, deal with complaints in the order in which they are received by the secretariat.


4.         The Committee may, if it deems it appropriate, decide to consider two or more complaints jointly.


5.         The Committee may, if it deems appropriate, decide to sever consideration of complaints of multiple complainants. Severed complaints may receive a separate registry number.


Establishment of a working group and designation of rapporteurs for specific complaints


Rule 106


1.         The Committee may, in accordance with rule 61, set up a working group to meet shortly before its sessions, or at any other convenient time to be decided by the Committee, in consultation with the Secretary-General, for the purpose of taking decisions on admissibility or inadmissibility and making recommendations to the Committee regarding the merits of complaints, and assisting the Committee in any manner which the Committee may decide.


2.         The Working Group shall comprise no less than three and no more than five members of the Committee. The Working Group shall elect its own officers, develop its own working methods, and apply as far as possible the rules of procedure of the Committee to its meetings. The members of the Working Group shall be elected by the Committee every other session.


3.         The Working Group may designate rapporteurs from among its members to deal with specific complaints.


Conditions for admissibility of complaints


Rule 107


With a view to reaching a decision on the admissibility of a complaint, the Committee, its Working Group, or a rapporteur designated under rules 98 or 106, paragraph 3, shall ascertain:

 

(a) That the individual claims to be a victim of a violation by the State party concerned of the provisions of the Convention. The complaint should be submitted by the individual himself/herself or by his/her relatives or designated representatives, or by others on behalf of an alleged victim when it appears that the alleged victim is unable personally to submit the complaint and when appropriate, authorization is submitted to the Committee;

 

(b) That the complaint is not an abuse of the Committee’s process or manifestly unfounded;


            (c)       That the complaint is not incompatible with the provisions of the Convention;

 

(d) That the same matter has not been and is not being examined under another procedure of international investigation or settlement;

 

(e) That the individual has exhausted all available domestic remedies. However, this shall not be the rule where the application of the remedies is unreasonably prolonged or is unlikely to bring effective relief to the person who is the victim of the violation of this Convention;

 

(f) That the time elapsed since the exhaustion of domestic remedies is not so unreasonably prolonged as to render consideration of the claims unduly difficult by the Committee or the State party.


Interim measures


Rule 108


1.         At any time after the receipt of a complaint, the Committee, a working group, or the Rapporteur(s) for new complaints and interim measures may transmit to the State party concerned, for its urgent consideration, a request that it take such interim measures as the Committee considers necessary to avoid irreparable damage to the victim or victims of alleged violations.


2.         Where the Committee, the Working Group, or Rapporteur(s) request(s) interim measures under this rule, the request shall not imply a determination of the admissibility or the merits of the complaint. The State party shall be so informed upon transmittal.


3.         Where a request for interim measures is made by the Working Group or Rapporteur(s) under the present rule, the Working Group or Rapporteur(s) should inform the Committee members of the nature of the request and the complaint to which the request relates at the next regular session of the Committee.


4.         The Secretary-General shall maintain a list of such requests for interim measures.


5.         The Rapporteur for new complaints and interim measures shall also monitor compliance with the Committee’s requests for interim measures.


6.         The State party may inform the Committee that the reasons for the interim measures have lapsed or present arguments why the request for interim measures should be lifted.


7.         The Rapporteur, the Committee or the Working Group may withdraw the request for interim measures.


Additional information, clarifications and observations


Rule 109


1.         As soon as possible after the complaint has been registered, it should be transmitted to the State party, requesting it to submit a written reply within six months.


2.         The State party concerned shall include in its written reply explanations or statements that shall relate both to the admissibility and the merits of the complaint as well as to any remedy that may have been provided in the matter, unless the Committee, Working Group or Rapporteur on new complaints and interim measures has decided, because of the exceptional nature of the case, to request a written reply that relates only to the question of admissibility.


3.         A State party that has received a request for a written reply under paragraph 1 both on admissibility and on the merits of the complaint, may apply in writing, within two months, for the complaint to be rejected as inadmissible, setting out the grounds for such inadmissibility. The Committee or the Rapporteur on new complaints and interim measures may or may not agree to consider admissibility separately from the merits.


4.         Following a separate decision on admissibility, the Committee shall fix the deadline for submissions on a case-by-case basis.


5.         The Committee or the Working Group established under rule 106 or rapporteur(s) designated under rule 106, paragraph 3, may request, through the Secretary-General, the State party concerned or the complainant to submit additional written information, clarifications or observations relevant to the question of admissibility or merits.

 6. The Committee or the Working Group or rapporteur(s) designated under rule 106, paragraph 3, shall indicate a time limit for the submission of additional information or clarification with a view to avoiding undue delay.


7.         If the time limit provided is not respected by the State party concerned or the complainant, the Committee or the Working Group may decide to consider the admissibility and/or merits of the complaint in the light of available information.


8.         A complaint may not be declared admissible unless the State party concerned has received its text and has been given an opportunity to furnish information or observations as provided in paragraph 1 of this rule.


9.         If the State party concerned disputes the contention of the complainant that all available domestic remedies have been exhausted, the State party is required to give details of the effective remedies available to the alleged victim in the particular circumstances of the case and in accordance with the provisions of article 22, paragraph 5 (b), of the Convention.


10.       Within such time limit as indicated by the Committee or the Working Group or rapporteur(s) designated under rule 106, paragraph 3, the State party or the complainant may be afforded an opportunity to comment on any submission received from the other party pursuant to a request made under the present rule. Non-receipt of such comments within the established time limit should not generally delay the consideration of the admissibility of the complaint.


Inadmissible complaints


Rule 110


1.         Where the Committee or the Working Group decides that a complaint is inadmissible under article 22 of the Convention, or its consideration is suspended or discontinued, the Committee shall as soon as possible transmit its decision, through the Secretary-General, to the complainant and to the State party concerned.


2.         If the Committee or the Working Group has declared a complaint inadmissible under article 22, paragraph 5, of the Convention, this decision may be reviewed at a later date by the Committee upon a request from a member of the Committee or a written request by or on behalf of the individual concerned. Such written request shall contain evidence to the effect that the reasons for inadmissibility referred to in article 22, paragraph 5, of the Convention no longer apply.




C. Consideration of the merits


Method of dealing with admissible complaints; oral hearings


Rule 111


1.         When the Committee or the Working Group has decided that a complaint is admissible under article 22 of the Convention, before receiving the State party’s reply on the merits, the Committee shall transmit to the State party, through the Secretary-General, the text of its decision together with any submission received from the author of the communication not already transmitted to the State party under rule 109, paragraph 1. The Committee shall also inform the complainant, through the Secretary-General, of its decision.


2.         Within the period established by the Committee, the State party concerned shall submit to the Committee written explanations or statements clarifying the case under consideration and the measures, if any, that may have been taken by it. The Committee may indicate, if it deems it necessary, the type of information it wishes to receive from the State party concerned.


3.         Any explanations or statements submitted by a State party pursuant to this rule shall be transmitted, through the Secretary-General, to the complainant who may submit any additional written information or observations within such time limit as the Committee shall decide.


4.         The Committee may invite the complainant or his/her representative and representatives of the State party concerned to be present at specified closed meetings of the Committee in order to provide further clarifications or to answer questions on the merits of the complaint. Whenever one party is so invited, the other party shall be informed and invited to attend and make appropriate submissions. The non-appearance of a party will not prejudice the consideration of the case.


5.         The Committee may revoke its decision that a complaint is admissible in the light of any explanations or statements thereafter submitted by the State party pursuant to this rule. However, before the Committee considers revoking that decision, the explanations or statements concerned must be transmitted to the complainant so that he/she may submit additional information or observations within a time limit set by the Committee.


Findings of the Committee; decisions on the merits


Rule 112


1.         In those cases in which the parties have submitted information relating both to the questions of admissibility and the merits, or in which a decision on admissibility has already been taken and the parties have submitted information on the merits, the Committee shall consider the complaint in the light of all information made available to it by or on behalf of the complainant and by the State party concerned and shall formulate its findings thereon. Prior thereto, the Committee may refer the communication to the Working Group or to a rapporteur designated under rule 106, paragraph 3 to make recommendations to the Committee.


2.         The Committee, the Working Group, or the rapporteur may at any time in the course of the examination obtain any document from United Nations bodies, specialized agencies, or other sources that may assist in the consideration of the complaint.


3.         The Committee shall not decide on the merits of a complaint without having considered the applicability of all the admissibility grounds referred to in article 22 of the Convention. The findings of the Committee shall be forwarded, through the Secretary-General, to the complainant and to the State party concerned.


4.         The Committee’s findings on the merits shall be known as “decisions”.


5.         The State party concerned shall generally be invited to inform the Committee within a specific time period of the action it has taken in conformity with the Committee’s decisions.


Individual opinions


Rule 113


Any member of the Committee who has participated in a decision may request that his/her individual opinion be appended to the Committee’s decisions.


Follow-up procedure


Rule 114


1.         The Committee may designate one or more rapporteur(s) for follow-up on decisions adopted under article 22 of the Convention, for the purpose of ascertaining the measures taken by States parties to give effect to the Committee’s findings.


2.         The rapporteur(s) may make such contacts and take such action as appropriate for the due performance of the follow-up mandate and report accordingly to the Committee. The Rapporteur(s) may make such recommendations for further action by the Committee as may be necessary for follow-up.


3.         The rapporteur(s) shall regularly report to the Committee on follow-up activities.


4.         The rapporteur(s), in discharge of the follow-up mandate, may, with the approval of the Committee, engage in necessary visits to the State party concerned.



Summaries in the Committee’s annual report and inclusion of texts of final decisions


Rule 115


1.         The Committee may decide to include in its annual report a summary of the complaints examined and, where the Committee considers appropriate, a summary of the explanations and statements of the States parties concerned and of the Committee’s evaluation thereof.


2.         The Committee shall include in its annual report the text of its final decisions, including its views under article 22, paragraph 7, of the Convention, as well as the text of any decision declaring a complaint inadmissible under article 22 of the Convention.


3.         The Committee shall include information on follow-up activities in its annual report.