The Convention Against Torture and other cruel, inhuman or degrading treatment or punishment (CAT) - articles 22 and 20.
نویسنده
چکیده
Article 22 gives a person the right to complain to the Committee Against Torture 1 (hereinafter the Committee) if he presumes that a country which has ratified the CAT is in breach of one or more of the CAT provisions. The main conditions to be fulfilled in order to launch a complaint are found in the following paragraphs of Article 22: Par. 1: • Independent ratification • (56 out of 142 states have ratified as of January 2006) 2 Par. 2: • Minus anonymous • Minus abuse Par. 5 (a): • Minus other international procedures Par. 5 (b): • + exhausted domestic remedies • Dialogue with state party and complainant Par. 8: • Possibility to withdraw from Article 22 The CAT secretariat registers the complaint. If it fulfills the mentioned conditions, the Committee will start an investigation. The duties of the Committee regarding Article 22 are the following: • All proceedings in private meetings (confidential) • Receiving communications from individuals and considering: i. Admissibility ii. Substance Until now all proceedings are in private. The outcome: • Decisions (on i and ii) are published in the Annual Report-Name of author anonymous (if he so wishes)-Name of country public Only 56 State Parties of the 142 states that have ratified CAT, thus declared themselves in favour of Article 22. 2 The geographical distribution of the ratifications is remarkable (Table 1). It might have been expected that most of the cases would consider breaches of Articles 2 and 1, where claimants accuse the state *) Adapted version from panel discussions
منابع مشابه
Part III--rights and remedies: the convention against torture alternative asylum mechanisms: the convention against torture and other cruel, inhuman or degrading treatment or punishment.
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ورودعنوان ژورنال:
- Torture : quarterly journal on rehabilitation of torture victims and prevention of torture
دوره 17 2 شماره
صفحات -
تاریخ انتشار 2007