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53-550: The Committee Against Torture (CAT) is a treaty body of human rights experts that monitors implementation of the United Nations Convention against Torture by state parties. The committee is one of eight UN-linked human rights treaty bodies. All state parties are obliged under the convention to submit regular reports to the CAT on how rights are being implemented. Upon ratifying the convention, states must submit

106-752: A complaint against England with the ECMR for failing to comply with the prohibition of torture under Article 3 of the ECHR. Ireland could not file the complaint with either the CAT or the CCPR (Article 7 IpbpR), as they did not enter into force until about 10 years later. In its torture memos on the torture methods in Guantanamo , etc., the US also relied on that judgment of the European Court of Human Rights ECtHR, as

159-491: A complaint be lodged with the committee, a period for appeal is not provided, but usually a complaint is not accepted after five years (ratione temporis). The complaint may be dismissed on the grounds that the committee has no jurisdiction, since the alleged infringement is not part of the FoK (ratione materiae) or it constitutes an abuse of the right of appeal. The same complaint may not be lodged with any other international body (e.g.

212-515: A number of treaty bodies, in particular in relation with international human rights law . However, there are also treaty bodies related to non-human rights instruments such as the UPOV or the INCB . The mandates of treaty bodies is generally defined in the treaty that establishes them, and sometimes by General Assembly decisions or resolutions. Treaty bodies sometimes perform additional functions than

265-690: A report within one year, after which they are obliged to report every four years. The committee examines each report and addresses its concerns and recommendations to the state party in the form of "concluding observations." Under certain circumstances, the CAT may consider complaints or communications from individuals claiming that their rights under the convention have been violated. The CAT usually meets in April/May and November each year in Geneva . Members are elected to four-year terms by state parties and can be re-elected if nominated. In their ratification of

318-541: A revision of the VerfO the rules get new numbers. In the revision on February 21, 2011, in Chap. 17 and 21 introduced a follow-up procedure to review the implementation of the committee's recommendations, stating that states ignored its recommendations. The relevant chapters of the VerfO are: The predominant activity is to examine the statements of account of the contracting states, in which they must state how they implemented

371-680: A state, it may also bring the matter to the attention of the UN General Assembly. The latter then decide on the further course of action, because extensive or systematic violations of the torture prohibition are considered crimes against humanity according to Art. 7 (1) of the Rome Statute and the International Criminal Court in The Hague is responsible for this, provided that the fallible state does not

424-466: A summary - which may alienate the complaint - and forward it to the committee (Rule 106 RMA). The committee then examines the material admissibility of the complaint/summary (Article 22 (5) FoK, Rule 113, 116 VerO). If he declared the appeal inadmissible, then he - unlike the Secretariat - justified his decision of inadmissibility of the appeal. If it has been approved, the summary will be forwarded to

477-697: Is Volker Türk of Austria , who succeeded Michelle Bachelet of Chile on 8 September 2022. In 2018–2019, the department had a budget of US$ 201.6 million (3.7 per cent of the United Nations regular budget), and approximately 1,300 employees based in Geneva and New York City. It is an ex officio member of the Committee of the United Nations Development Group . The mandate of OHCHR derives from Articles 1, 13 and 55 of

530-619: Is carried out, in which case the committee can also conduct investigations in the affected state if the state agrees. Upon completion of the investigation, the committee will send the investigation report to the state concerned and, if it finds any instances of maladministration , appropriate recommendations on how to remedy them (Rule 89 RCD). To date, 10 such studies have been performed. [18] These were: Egypt (2017), Lebanon (2014), Nepal (2012), Brazil (2008), Serbia and Montenegro (2004), Mexico (2003), Sri Lanka (2002), Peru (2001), Egypt (1996), Turkey (1994) The recommendations of

583-727: Is divided into organizational units, as described below. The OHCHR is headed by a High Commissioner with the rank of Under-Secretary-General . The United Nations High Commissioner for Human Rights, accountable to the Secretary-General , is responsible for all the activities of the OHCHR, as well as for its administration, and carries out the functions specifically assigned to him or her by the UN General Assembly in its resolution 48/141 of 20 December 1993 and subsequent resolutions of policy-making bodies. He or she advises

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636-467: Is euphemistically referred to as communications (individual communications versus state-to-state complaints). If a state expressly agrees with the individual complaints procedure at the time of conclusion of the contract, the committee may also examine individual complaints against that contracting state (Art. 22 (1) FoK, Rule 102 VerfO). The procedures of the appeal proceedings are listed in Chapter 21 of

689-608: Is foreseen, in which a rapporteur examines the implementation by the state (Rule 72 RMA). If necessary, the same proposals will be made at the next state report. Since some states are late in submitting their reports, the United Nations High Commissioner for Human Rights (UNHCHR) has drawn up a list of states submitting their reports on time (e.g. Italy , Switzerland , etc.) and a list of those who are in Arrears (e.g. Germany, Liechtenstein , Austria ,

742-665: Is headed by a Director who is accountable to the High Commissioner. The core functions of the Division are to: (Source: OHCHR Website) Journalist Emma Reilly leaked e-mails in 2020 and 2021 in which the OHCHR provided names of Chinese participants in UN human rights activities to China on request. This occurred on multiple occasions from before 2012 to at least 2019, despite an explicit ban against this sort of activity. In some cases, after obtaining their name in advance from

795-457: Is that the state explicitly rejected this when ratifying the treaty (Article 28 (1) FoK). The state is asked by the committee to participate in the investigation proceedings and to provide information on these suspicions (Article 20 (1) FoK, Rule 82 et seq. First of all, the information received is examined (Rule 81 et seq. Of the VerfO) and, if the suspicion has been substantiated, an investigation

848-712: The Charter of the United Nations , the Vienna Declaration and Programme of Action and General Assembly resolution 48/141 of 20 December 1993, by which the Assembly established the post of United Nations High Commissioner for Human Rights. In connection with the programme for reform of the United Nations (A/51/950, para. 79), the OHCHR and the Centre for Human Rights were consolidated into a single OHCHR on 15 September 1997. The objectives of OHCHR are to: The OHCHR

901-551: The International Criminal Court . This procedure is regulated in Chapter 20 of the VerfO. The committee is empowered to consider cases of state where a contracting state claims that another state party is failing to fulfill its obligations under the Convention against Torture (Article 21 FoK). The condition for this is that both states explicitly recognized the competence of the committee when ratifying

954-455: The Vatican etc.). The Anti-torture Convention also includes an inquiry procedure which empowers the committee to conduct investigations when reliable information is available on serious or systematic NPT violations by a state party and seeks the cooperation of the state party concerned (Article 20) FoK). This examination procedure is regulated in Chapter 19 of the VerfO. The condition for this

1007-733: The Deputy High Commissioner, who is also an Assistant Secretary-General) is based in New York City and heads the New York Office of the High Commissioner. The New York Office represents the High Commissioner at United Nations Headquarters in New York and promotes the integration of human rights in policy processes and activities undertaken by inter-governmental and inter-agency bodies at the United Nations. The post of Assistant Secretary-General for Human Rights

1060-645: The ECHR there is no judgment with the no. 33772/13, as the complaint was refused by the Registry and removed from the register - thus not examined by the ECtHR. In the meantime, there are decisions from the committee in which he nevertheless examined such complaints. The committee publishes general comments on the interpretation and specification of the various provisions of the Torture Convention. They are intended to clear up misunderstandings and to assist

1113-483: The ECtHR did not substantively examine the complaint, but did not accept it. Correspondingly, the decision no. 577/2013 [85] of the CAT Committee of 9 February 2016, i.S. N.B. c. Russia for torture. At the same time, the complainant had filed an identical complaint with the ECtHR (No. 33772/13), which was why the CAT committee rejected the complaint (see decision RZ 8.2). However, in the judgment database HUDOC of

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1166-454: The ECtHR, another UN treaty body or similar) (Article 22 (5) of the FoK, Rule 104, 113 of the Rules of Procedure). Complaints submitted to the UN are first formally reviewed by the Secretariat of UNHCHR. Then the complaint is either rejected or registered and forwarded to the committee (Rule 104. VerfO). There are no statistics on the number of complaints already rejected by the Secretariat. If

1219-437: The High Commissioner also promotes human rights yet to be recognized in international law (such as the adoption of economic, social and cultural rights as a strategic priority, which are not all currently recognized in international legal instruments). The United Nations High Commissioner for Human Rights, in the performance of his or her activities, is assisted by a Deputy High Commissioner who acts as Officer-in-Charge during

1272-447: The New York Office are to: The Thematic Engagement, Special Procedures and Right to Development Division is headed by a Director who is accountable to the High Commissioner. The core functions of the Division are to: The Human Rights Council and Treaty Mechanisms Division is headed by a Director who is accountable to the High Commissioner. The core functions of the Division are to: The Field Operations and Technical Cooperation Division

1325-489: The Rules of Procedure). If no amicable agreement is reached, a final report will be prepared, completing the procedure for the committee (Article 21 (1) (h), (ii) FoK, Rule 101 of the VerfO). For international disputes, there are rules, u. a. the agreement for the peaceful settlement of international disputes The states can then turn to the International Court of Justice within six months, provided that neither of

1378-557: The Secretary-General on the policies of the United Nations in the area of human rights, ensures that substantive and administrative support is given to the projects, activities, organs and bodies of the human rights programme, represents the Secretary-General at meetings of human rights organs and at other human rights events, and carries out special assignments as decided by the Secretary-General. As well as those human rights that are currently included in legally binding treaties,

1431-620: The Staff Office are to: The Administrative Section is headed by a Chief, Kyle F. Ward, who is accountable to the Deputy High Commissioner. The core functions of the Administrative Section, in addition to those set out in section 7 of Secretary-General's bulletin ST/SGB/1997/5, are to: The New York Office is headed by an Assistant Secretary-General who is accountable to the High Commissioner. The core functions of

1484-458: The Torture Convention and how it could remedy existing shortcomings (Rule 70 RMA). For the participation of third parties in the public hearing, an admission is required (English Accreditation). If a state fails to file a report despite being warned, the committee examines the implementation of the FoK based on the parallel reports submitted by the NGOs and NHRIs and notes this in its annual report to

1537-407: The UN General Assembly (Rule 67 RMA). If the committee determines during the audit that the state has failed to implement the agreement, it may submit proposals to remedy the deficiencies (Article 19 (3) FoK, Rule 71 of the VerfO). These proposals are called Concluding Observations. These proposals of the CCPR are not legally binding, implementation can not be enforced and only a follow-up procedure

1590-730: The UNO. Treaty body The International Law Commission defines an "expert treaty body" as: "a body consisting of experts serving in their personal capacity, which is established under a treaty and is not an organ of an international organization." A research guide published by the UN library lists key characteristics of human rights treaty-based bodies: Notably, the experts conforming treaty bodies usually serve in their personal capacity (i.e., not representing their country). Treaty bodies are distinct from "international organizations" as such, like United Nations agencies, programs, or other sui generis international organizations . There are

1643-439: The US made a reservation on inhuman and degrading treatment in accordance with Art. 7 IPbpR and Art. 16 FoK. From the ECtHR ruling, the US concluded that these five techniques of interrogation were admissible under US law because it was not torture but, according to the ECtHR, only inhuman and degrading treatment, thus allowed under US law. The requirement for a state appeal, according to which all domestic remedies available in

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1696-453: The VerfO, as well as the formal requirements for the individual complaints (Rule 104 RMA) and the condition for their admissibility (Rule 113 RPS). The UNHCHR created a complaint form (English: Model complaint form) and a related information sheet. The complaint must be in writing, it must not be anonymous and must be written in one of the working languages of the committee; for this, the national legal process must be unsuccessful. Only then can

1749-467: The absence of the High Commissioner. In addition, the Deputy High Commissioner carries out specific substantive and administrative assignments as decided by the High Commissioner. The Deputy is accountable to the High Commissioner. The current Deputy High Commissioner for Human Rights is the Australian national Kate Gilmore . The Assistant Secretary-General for Human Rights (not to be confused with

1802-501: The agreement, the states had to expressly agree to the state and individual complaints procedure, the examination procedure and the intern. The court had to expressly refuse them if they did not agree, such as, for example, Poland. None of these states has created the independent investigation and complaints office, which means that there is no effective remedy for torture. In order to carry out its duties as defined in Part II FoC,

1855-436: The case must be filed and exhausted, unless the procedure takes an undue delay in the application of the remedies (Article 21 (1) (c) FoK) an obvious oversight of the UN, as the complaining state must notify the other state of the abuses by written notice only, and if the matter has not been settled within six months, it may directly contact the committee (Article 21 (1) lit a, b IPbpR). The individual complaints gem. Art. 22 FoK

1908-430: The committee are not legally binding, their implementation can not be enforced. Apart from the fact that he can carry out a follow-up procedure to review the implementation of the recommendations or that the implementation of the recommendations will be discussed in the next state report, no further measures are foreseen (Article 20 (5) FoK, Rule 90). If the committee is confronted with such serious or systematic torture by

1961-547: The committee established a Rules of Procedure (VerfO) governing the organization, procedures and responsibilities of the committee (Article 18 (2) FoK). It is also based on the Addis Ababa directive on the independence and impartiality of UN treaty bodies. It consists of 2 parts, Part I. General Provisions and Part II. Provisions relating to the tasks of the committee. It is further subdivided into 19 chapters and contains 121 rules (version /C/3/Rev.6). These are numbered and in

2014-543: The committee, the ECtHR] or another UN treaty body, so-called "same-subject reservation" (Art. 22 para. 5 lit. a FoK). However, it is permissible for the committee to file a complaint for infringement of Art. 1 FoK Breach of the Torture Prohibition and to file a complaint with the ECtHR for breach of Art. 11 ECHR Freedom of assembly and association, as there is no overlap but concerns various breaches of contract by

2067-458: The complaint was rejected by the secretariat, the complainant will be notified in a standard letter. It uses the same form for rejecting the complaint filed with the CERD, CAT and the CCPR, in which mostly inadequate justification is ticked, although this is not provided for and instead information would have to be obtained (Rule 105 RCD). If the complaint has been received, the secretariat will prepare

2120-519: The contract(Art. 19 FoK). The course of the examination is described in chap. 17 of the VerfO regulated. The states must submit an initial report to the committee within one year of the conclusion of the contract, followed by a periodic report about every four years thereafter. If a state does not submit a report, the committee notes this in its annual report to the United Nations General Assembly (Resolution 67 RMA). Due to

2173-493: The contracting states in the fulfillment of their contractual obligations. To date, the committee has written four General Comments (GC). The members appointed under Art. 17 FoK for four years each The figures are without the complaints already rejected by the Secretariat of the United Nations High Commissioner for Human Rights (OHCHR). The individual decisions can also be found in the database of

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2226-649: The overloading of the committees, the Simplified Reporting Procedure was introduced by the UN General Assembly. If no material shortcomings have been identified at the time of the last review of a country report, the committee can now proceed with the simplified procedure, in which it issues to the contracting parties a list of issues before reporting (LOIPR). Replies to LOIs) are then considered as periodic state reports (Rule 66 RMA). Non-governmental organizations (NGOs) and national human rights organizations (NHRIs) can also actively participate in

2279-418: The preamble of FoK the torture ban acc. Art. 7 IPbpR was given as a basis and according to Art. 4 para. 2 IpBPR the prohibition of tort is mandatory international law - it has no consequences for the fallible state, the CAT is only recommended to stop it. When complaining, interim measures may be required at the same time in the event of irreparable harm. Such requests must be submitted as soon as possible, with

2332-489: The reference Urgent Interim measures, so that the committee has sufficient time to consider the request and order such action. The committee can also take precautionary measures on its own initiative, but they do not make a decision on the admissibility of the complaint or on the finding of a failure by the state (Rule 114 RCD). A complaint, for example, for a violation of the prohibition of torture under Art. 7 IPbpR, Art. 1 FoK and Art. 3 ECHR may not be filed simultaneously with

2385-477: The same state. There are complaints that were first filed with, but not accepted by, the ECtHR, with the standard justification: the complaint has no appearance of violations of the rights and freedoms guaranteed by the convention (ECHR) or its Additional Protocols. The complaint subsequently submitted to the UN Committee was then rejected on the ground that it had allegedly been examined by the ECtHR although

2438-568: The sole monitoring of treaty compliance. United Nations High Commissioner for Human Rights The Office of the United Nations High Commissioner for Human Rights ( OHCHR ) is a department of the United Nations Secretariat that works to promote and protect human rights that are guaranteed under international law and stipulated in the Universal Declaration of Human Rights of 1948. The office

2491-416: The state concerned for comment, which may then raise the objection of inadmissibility (Rule 115 RCD). The committee also tries to reach an amicable agreement. If the state party so agrees, this will be decided in a decision (Discontinuance Decision) and the case is settled. Only later does he deal with the complaint in terms of content (Rule 118 VerfO). If the committee has found a breach of contract, it gives

2544-435: The state proposals and recommendations on how to remedy them (Article 22 (7) FoK). The recommendations are not legally binding, their implementation can not be enforced, only a follow-up procedure is planned, in which the implementation of the recommendations is examined by the state and, where appropriate, it will be discussed in the next state reporting procedure. Sanctions are not provided against fallible states. Although in

2597-401: The state reporting process and submit parallel reports to the state reports in order to show that the implementation of the civil pact by the contracting states is insufficient. In the process, gaps or errors in the state report can be clarified and deficits pointed out. The report review takes place in public meetings in which the committee examines whether the state party correctly implemented

2650-490: The treaty (Article 21 (1) FoK, Rule 91, 97 VerO). In contrast to individual complaints, there are no high formal requirements for state complaints, and the UNHCHR Secretariat is not authorized to declare state complaints inadmissible, as in the case of individual complaints (Art. 22 (5) FoK Individual Complaints, Rule 111 ff. The task of the committee is to settle the dispute (Article 21 (1) lit e FoK, Rule 98 of

2703-519: The two states made a reservation in the ratification of the treaty (Article 30 FoK). As a precautionary measure, 12 states rejected the jurisdiction of the International Court of Justice when concluding the contract (Article 30 (1) FoK). States do not necessarily have to refer to the International Court of Justice, there is also a European Convention on the Peaceful Settlement of Disputes. For example, on 16 December 1971, Ireland lodged

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2756-419: Was created in 2010, when Ivan Šimonović was appointed to the position. From 2016 to 2019, the position was held by Andrew Gilmour . The current Assistant Secretary-General for Human Rights, since 2020, is Ilze Brands Kehris  [ fr ] . The Staff Office of the United Nations High Commissioner for Human Rights is headed by a Chief who is accountable to the High Commissioner. The core functions of

2809-551: Was established by the United Nations General Assembly on 20 December 1993 in the wake of the 1993 World Conference on Human Rights . The office is headed by the High Commissioner for Human Rights, who co-ordinates human rights activities throughout the United Nations System and acts as the secretariat of the Human Rights Council in Geneva , Switzerland. The eighth and current High Commissioner

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