The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) was adopted by the UN General Assembly in 1984 and entered into force in 1987. The Convention was established “to make more effective the struggle against torture and other cruel, inhuman, or degrading treatment throughout the world.” The legal, procedural, and remedial obligations for state parties, as set forth in the Convention, include the following:
- Incorporate the crime of torture in their domestic legislation and to punish acts of torture by appropriate penalties;
- Undertake a prompt and impartial investigation of any alleged act of torture;
- Ensure that statements made as a result of torture are not invoked as evidence in proceedings; and
- Establish an enforceable right to fair and adequate compensation and rehabilitation for victims of torture or their dependents.
In addition, the CAT establishes the Committee Against Torture (the Committee), a group of ten independent experts on related issues who meet twice a year in Geneva. The Committee provides guidance for and also monitors each state party’s compliance with the CAT by drafting general comments on the scope of the treaty obligations, issuing statements on topics related to torture, and conducting reviews of state parties’ progress in implementing the treaty. The Committee may also accept individual complaints and communications alleging a state party’s violation of rights under the CAT and may conduct confidential inquiries based on well-founded information indicating systematically practiced torture when the state party in question recognizes the competence of the Committee to do so. China has not yet recognized the Committee’s competence to receive individual communications or investigate systemic torture, and therefore the Committee may not accept individual complaints or conduct inquiries regarding torture in China.
To comply with the review process, state parties must submit for review a report to the Committee every four years on steps taken to implement the Convention, but, in practice, reports are often combined and reviewed less frequently. In order to assist state parties in more focused and efficient reporting, the Committee has developed an optional reporting procedure in which it provides states with a “list of issues prior to reporting” (LOIPR). Where states agree to this procedure, the Committee will provide the state with an LOIPR at least one year prior to their report deadline. Their responses to the questions and issues contained in the LOIPR will then serve as their periodic reports. Furthermore, states which agree to the LOIPR procedure are given priority in the Committee’s review schedule. China has not yet agreed to this optional reporting procedure. It therefore follows the traditional reporting process outlined below.
To prepare for the review of states that have not accepted the LOIPR procedure, the Committee appoints two members as Country Rapporteurs once it has received a state’s periodic report. The Country Rapporteurs facilitate and coordinate the entire process of reviewing a state party’s report and the preparation of all associated documents. One of these documents is the list of issues (LOI), which is intended for the state party to clarify and update certain issues in its report. The state party should provide a written reply to the LOI prior to the review. After considering all the materials, the Committee conducts a review of the state party in the form of an interactive dialogue with representatives of the state party. Following the dialogue, the Committee adopts concluding observations, which include final remarks and recommendations. The Committee may identify specific areas for follow up and request that the state party provide additional information within one year. In such cases, the Committee appoints a rapporteur to follow-up on the state party’s compliance.
Civil society members may provide input to the Committee at various points by submitting reports, making oral statements, and organizing side events and briefings for Committee members. The Committee also encourages state parties to consult and incorporate information from civil society members in their national reports and follow-up procedures, and requires that the concluding observations are widely disseminated following the review. To support the safe participation of civil society members in the review process, the Committee has designated rapporteurs to follow-up on any allegations of reprisals. In addition to information from civil society members, the Committee also considers that from other stakeholders such as UN agencies and national human rights institutes.