Universal mechanisms for individual complaint
Some international human rights treaties, such as the Convention Against Torture (UNCAT) and the International Covenant on Civil and Political Rights (ICCPR), establish monitoring – or “treaty” - bodies. They are committees composed of independent experts elected by States parties to the relevant treaty. They are tasked with monitoring implementation in States parties of the rights set forth in the treaties and with deciding on individual complaints on torture cases brought against those States. The basic concept is that anyone may bring a complaint alleging a violation of torture to the body of experts set up by the treaty for quasi-judicial adjudication.
The UNCAT permits individuals who have been tortured the chance to appeal to the Committee against Torture, the body created to monitor and interpret the UNCAT. There are two requirements that must be met for the Committee to admit and examine individual communications:
• A complaint under the Convention against Torture can be brought only against a State that is a party to the Convention
• The State party must have expressly recognised the competence of the Committee against Torture through making a declaration to the Committee, as specified in Article 22 of the UNCAT.
The Human Rights Committee is the body charged with monitoring the ICCPR, and is the proper venue to which individual complaints of violations may be submitted. As the ICCPR prohibits torture and is the more widely ratified international treaty, it can be a viable alternative especially in cases where a country in question does not recognize the UNCAT. The requirements for filing an individual complaint are similar to those of the UNCAT.
Anyone can bring a complaint to the committee against a State that satisfies the two abovementioned conditions, though the Committees will not consider any communications that are anonymous or that it considers to be inappropriate or incompatible with the provisions of the UNCAT. It is not necessary to have a lawyer prepare your case, though legal advice usually improves the quality of the submissions. It is also possible also bring a claim on behalf of another person if you have gained his or her written consent.
