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Print version. Published on 202.ip-51-77-231.eu Original: /cat/faq/ |
What is the CAT Committee?
The Committee
Against Torture was established under
Article 17 of the CAT Convention. Its role is to monitor and supervise the
implementation by States parties of their obligations under the treaty. The CAT
Committee operates on a part time basis. From 2015 onwards, the CAT Committee
will meet three times per year, for a period of three or four weeks. States are
generally obliged to submit their State report every four years.
Who are the CAT Committee members?
The CAT Committee is composed of ten members. Each member is nominated by a State party and elected by secret ballot by the States parties. Each member serves a four-year term and may be re-elected if re-nominated. States parties should ensure that there is an equitable geographic mix of CAT Committee members. Members shall be persons “of high moral standing and recognised competence in the field of human rights”. A member serves in his or her personal capacity, rather than as a representative of his or her nominating State.
You can find an up-to-date
list on the official website of the UN OHCHR.
What is the State reporting procedure?
The reporting system is the only compulsory monitoring mechanism under the CAT Convention. A State party must submit an initial report within one year of the treaty coming into force for that State. Thereafter, as required by the CAT Convention, the CAT Committee requests reports every four years. At the end of its Concluding Observations, it indicates the date by which the State party examined should submit its next periodic report.
In its initial report, a State party should outline how it implements the rights and obligations set out in the CAT Convention. It should give details of relevant legislation, policies, and practices. It is not sufficient to simply outline legislation without commenting on how, or if, that legislation is enforced. It should also highlight areas where implementation is deficient or problematic.
A State report is a public document, and is available on the treaty bodies’ website. This website also details the dates at which future reports are due.What is the List of Issues (LOIs)?
The CAT Committee will analyse the State report, upon which a list
of issues (LOI) will be drafted, generally by the member(s) of the CAT
Committee appointed as country rapporteurs or a country report task force,
which will then be adopted in plenary in the session ahead of the State party’s
report. Subsequently, the State party will reply to the LOI in writing and will
also send a delegation to Geneva to engage in an interactive constructive
dialogue with the CAT Committee at the session in which the report will be examined.
The adoption of the LOI, in the session prior to the examination of the State
party report, allows, on one hand, for the CAT Committee to ask for the
clarification of and update on certain issues and, on the other, provides time
and guidance to the State party for the preparation of its discussion with the
CAT Committee, taking into account the issues of particular interest outlined
by the CAT Committee in the LOI. During the review process, CAT Committee
members make use of information originating from other treaty bodies and
special procedures from the UN system. They also draw on other sources of
information, including information from CSOs, but also from National Human
Rights Institutions (NHRIs) and regional human rights mechanisms.
What is the List of Issues Prior to Reporting (LOIPR)?
In 2007, the CAT Committee initiated a new optional procedure, which consists of the preparation and adoption of list of issues to be transmitted to State parties prior to the submission of their periodic report. This List of Issues Prior to Reporting (LOIPR) is a useful tool for preparing more focused and timely reports. The LOIPRs are prepared, adopted and transmitted to the State party concerned at least one year in advance of the due reporting date. States that choose to adopt the procedure and receive the LOPIR do not receive a further list of issues before the consideration of their reports.
What are the Concluding Observations?
Under Article 19 of the CAT Convention, the CAT Committee is mandated to examine reports on the measures taken by State Parties to implement the treaty. At the conclusion of the report examination session, the CAT Committee adopt Concluding Observations on the relevant State party. These include concerns and recommendations that reflect the CAT Committee’s position on the status of the treaty’s implementation in the respective country. The CAT Committee expert (appointed as the follow-up Special Rapporteur) will then engage in a dialogue with a State on how to effectively implement the recommendations, and addressing subjects of priority concern. Follow-up information is publicly available via the treaty bodies’ website.
The Concluding Observations also highlight areas that should be the focus of the next report. Periodic reports do not have to cover every treaty right in the same detail as the initial report, though significant developments between reports must be explained. That is to say, in periodic reports subsequent to its initial report, the State party should focus on issues “raised by the Committee in its previous Concluding Observations, and on significant developments since the previous report”.How can CSOs participate at the different stages of the Reporting Process?
Under the CAT Committee’s Rules and Procedures, NGOs may be invited to
submit written information relevant to the Committee’s activities. Any NGO may
also submit information on its own initiative. ECOSOC accreditation status is
not required for the submission of written information or participation in the
oral briefings.
How can CSOs register to attend the CAT session?
Participants must submit a completed Conference Registration Form for the attention of Ms. Adele Quist at aquist@ohchr.org, with a copy to the secretariat of the CAT at cat@ohchr.org. This should be done no later than two weeks prior to the start of the session so that arrangements can be made for the issuance of the United Nations ground passes to enter United Nations premises.
To receive the ground pass, all applicants are required to bring the signed original of the Conference Registration Form, a valid national passport or government issued photo ID, and appear in person at the security booth of Palais Wilson (52 rue des Pâquis, 1201 Geneva, Switzerland. Office hours are 9:00 to 18:00, Monday through Friday). Please note that applicants must bring their passports (or government issued photo ID) every time they wish to enter UN premises.
For more information, please refer to the CAT information page.