On this page, you will find guidance to access the Committee against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment for individual communications in Refugee and Asylum cases.
How to make an individual application alleging a violation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
The Committee against Torture monitors the implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), notably by allowing individuals to submit complaints against States responsible for an alleged violation of their rights. Only States which have filed a declaration under Article 22 of the Convention can receive individual complaints.
Which States have filed a Declaration under Article 22 CAT permitting to file such complaints?
70 States have filed a declaration. The list of States can be found here.
Who can file a complaint to the Committee against Torture?
Individuals claiming to be a victim of a violation of the CAT by a State Party. It is therefore the individual or his representative that must file the complaint, with appropriate authorization.
A complaint can also be submitted on behalf of a victim by close relatives when the individual in question is unable to submit it personally.
See Article 22(1) of the CAT and Rule 104 of the 2023 Rules of Procedure.
What human rights can the Committee protect?
The Committee can only deal with the rights contained in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. It includes a number of rights, such as
- The right to be free from torture (Article 2)
- The non-refoulement principle (Article 3)
- The right to obtain redress and rehabilitation for victims of torture (Article 14)
In its General Comment No.4 (2018), the Committee provided detailed explanations regarding the non-refoulement principle in the context of individual communications.
What rules must be observed for the complaint to be admissible ?
- Anonymity and abuse of right
The Committee does not consider anonymous submissions and those that constitute an abuse of right (Article 22(2)) .
- Exhaustion of domestic remedies
An individual should first seek protection from the national courts. The Committee is considered a body of last-resort and can therefore only be sought once the complainant has exhausted all available domestic remedies (Article 22(4)(b)).
The rule on domestic remedies does not apply if the remedies are unreasonable prolonged or unlikely to bring effective relief to the person who is a victim of a violation of the Convention (Article 22(4)(b)).
- No time limit.
There is no explicit time limit regarding the time elapsed since the exhaustion of domestic remedies to file complaint before the Committee against Torture. However, it must not be “unreasonably prolonged as to render consideration of the claims unduly difficult” (Rule 113(f) of the 2023 Rules of Procedures).
- Examination of the complaint by another procedure
The complaint will not be considered if it has been previously materially assessed by another procedure of international investigation or settlement (regional human rights Court or other human rights Bodies) (Article 22(4)(a)).
How to request interim measures to be taken to avoid irreparable damage
In addition to individual communications, the Committee can order interim measures in order to avoid “irreparable damage to the victim”. (Rules 114(1) of the 2023 Rules of Procedure). This can be requested at any time during the proceedings, before a determination on the merits has been reached.
The ordering of interim measures does not imply a determination on the admissibility or the merits of the case.
Failure to respect these measures will be incompatible with the obligation to respect in good faith the procedure of individual communication.
Important considerations
Complaints must only address matters that have happened after the Declaration issued by the State concerned under Article 22.
An exception to the rule is when the violation started before the Declaration was issued but continued after that date.
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Last updated March 2025
