Section 71p. 71

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

these five members shall be chosen by lot by the

chairman of the meeting referred to in paragraph 3 of this

article.

6. If a member of the Committee dies or resigns or for any

other cause can no longer perform his Committee duties,

the State Party which nominated him shall appoint

another expert from among its nationals to serve for the

remainder of his term, subject to the approval of the

majority of the States Parties. The approval shall be

considered given unless half or more of the States Parties

respond negatively within six weeks after having been

informed by the Secretary-General of the United Nations

of the proposed appointment.

7. States Parties shall be responsible for the expenses of

the

members

of

the

Committee

while

they are in

performance of Committee duties.

ARTICLE 18

1. The Committee shall elect its officers for a term of two

years. They may be re-elected.

2.

The

Committee

shall

establish

its

own

rules

of

procedure, but these rules shall provide, inter alia , that:

(a) Six members shall constitute a quorum;

(b) Decisions of the Committee shall be made by a

majority vote of the members present.

3. The Secretary-General of the United Nations shall

provide the necessary staff and facilities for the effective

performance of the functions of the Committee under

this Convention.

4. The Secretary-General of the United Nations shall

convene the initial meeting of the Committee. After its

initial meeting, the Committee shall meet at such times

as shall be provided in its rules of procedure.

5. The States Parties shall be responsible for expenses

incurred in connection with the holding of meetings of

the

States Parties and of the Committee, including

reimbursement to the United Nations for any expenses,

such as the cost of staff and facilities, incurred by the

United Nations pursuant to paragraph 3 of this article.

ARTICLE 19

1. The States Parties shall submit to the Committee,

through the Secretary-General of the United Nations,

reports on the measures they have taken to give effect to

their undertakings under this 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. The Secretary-General of the United Nations shall

transmit the reports to all States Parties.

3. Each report shall be considered by the Committee

which may make such general comments on the report

as it may consider appropriate and shall forward these to

the State Party concerned. That State Party may respond

with any observations it chooses to the Committee.

4. The Committee may, at its discretion, decide to include

any comments made by it in accordance with paragraph

3 of this article, together with the observations thereon

received from the State Party concerned, in its annual

report made in accordance with article 24. If so requested

by the State Party concerned, the Committee may also

include a copy of the report submitted under paragraph I

of this article.

ARTICLE 20

1. If the Committee receives reliable information which

appears to it to contain well-founded indications that

torture is being systematically practised in the territory of

a State Party, the Committee shall invite that State Party

to co-operate in the examination of the information and

to this end to submit observations with regard to the

information concerned.

2. Taking into account any observations which may have

been submitted by the State Party concerned, as well as

any

other

relevant

information

available

to

it,

the

Committee may, if it decides that this is warranted,

designate

one or more of its members to make a

confidential inquiry and to report to the Committee

urgently.

3. If an inquiry is made in accordance with paragraph 2 of

this article, the Committee shall seek the co-operation of

the State Party concerned. In agreement with that State

Party, such an inquiry may include a visit to its territory.

4.

After

examining

the

findings

of

its

member

or

members submitted in accordance with paragraph 2 of

this article, the Commission shall transmit these findings

to

the

State

Party

concerned

together

with

any

comments or suggestions which seem appropriate in

view of the situation.

5. All the proceedings of the Committee referred to in

paragraphs I to 4 of this article shall be confidential, and

at all stages of the proceedings the co-operation of the

State Party shall be sought. After such proceedings have

been completed with regard to an inquiry made in

accordance with paragraph 2, the Committee may, after

consultations with the State Party concerned, decide to

include

a

summary

account

of

the

results

of

the

proceedings in its annual report made in accordance with

article 24.

ARTICLE 21

1. A State Party to this Convention may at any time

declare

under

this

article

that

it

recognizes

the

competence of the Committee to receive and consider

communications to the effect that a State Party claims

that another State Party is not fulfilling its obligations

under this Convention. Such communications may be

received and considered according to the procedures laid

down in this article only if submitted by a State Party

which has made a declaration recognizing in regard to

itself

the

competence

of

the

Committee.

No

communication shall be dealt with by the Committee

under this article if it concerns a State Party which has

not made such a declaration. Communications received

under this article shall be dealt with in accordance with

the following procedure;

(a) If a State Party considers that another State Party is

not giving effect to the provisions of this Convention, it

may, by written communication, bring the matter to the

attention of that State Party. Within three months after

the receipt of the communication the receiving State

shall afford the State which sent the communication an

explanation or any other statement in writing clarifying

the matter, which should include, to the extent possible

and pertinent, reference to domestic procedures and

remedies taken, pending or available in the matter;

(b) If the matter is not adjusted to the satisfaction of both

States Parties concerned within six months after the

receipt

by

the

receiving

State

of

the

initial

communication, either State shall have the right to refer

the matter to the Committee, by notice given to the

Committee and to the other State;

(c) The Committee shall deal with a matter referred to it

under this article only after it has ascertained that all

domestic remedies have been invoked and exhausted in

the matter, in conformity with the generally recognized

principles of international law. 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;

(d) The Committee shall hold closed meetings when

examining communications under this article;

(e) Subject to the provisions of subparagraph (c) the

Committee shall make available its good offices to the

States Parties concerned with a view to a friendly solution

of the matter on the basis of respect for the obligations

© Compiled by RGL

71 of 192