On this page, you will find guidance to access the Human Rights Committee for individual communications in Refugee and Asylum cases.
How to make an individual application alleging a violation of the International Covenant on Civil and Political Rights
The Human Rights Committee monitors the implementation of the International Covenant on Civil and Political Rights (ICCPR) thanks to the Optional Protocol, which allows individuals to submit complaints against States responsible for an alleged violation of human rights. Only States which have ratified the Optional Protocol can receive individual complaints.
Which States are parties to the Optional Protocol permitting to file such complaints?
116 States have ratified the Optional Protocol. The list of States can be found here.
Who can file a complaint to the Human Rights Committee?
Individuals claiming to be a victim of a violation of the ICCPR by a State Party. It is therefore the individual or his representative that must file the complaint.
A complaint can also be submitted on behalf of a victim when the individual in question is unable to submit it personally.
See Article 2 of the Optional Protocol and Rule 99 of the 2021 Rules of Procedure.
What human rights can the Committee protect?
The Committee can only deal with the rights contained in the International Covenant on Civil and Political Rights. It includes a number of rights, such as :
- Right to life (Article 6).
- Right not to be subjected to torture or cruel, inhuman or degrading treatment or punishment (Article 7).
- Right not to be held in slavery or forced labour (Article 8).
- Right to liberty and security of person, including the right not to be arbitrarily detained. (Article 9).
- Right to be treated humanely and with respect for the inherent dignity of human person while deprived of liberty (Article 10).
- Right of liberty of movement, including the right to leave any country (Article 12).
- Right to fair trial (Article 14).
- Right to recognition as a person before the law (Article 17).
- Right to non-discrimination (Article 26).
The principle of non-refoulement is not directly mentioned in the Covenant. The Committee has however included it through Article 6 (right to life) and Article 7 (right not to be subjected to torture). In the General Comment No. 20 (1992), the Committee explicitly stated the obligation of States not to return a person if they are in danger of being subjected to torture or other cruel, inhuman, or degrading treatment or punishment (§9). The Committee has reiterated a similar position regarding Article 6 in its General Comment No. 36 (2019), stating that States should not return a person where his/her right to life might be at risk (§30).
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 3 Optional Protocol) .
- 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 2 and Article 5(2)).
The rule on domestic remedies does not apply if the remedies are unreasonable prolonged (Article 5(2)(b)).
- 5 year time-limit.
A communication must be submitted to the Committee within 5 years of the exhaustion of domestic remedies (Rule 99(c) of the Rules of Procedure).
- 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 5(2)(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 any action undertaken by the State which could have “irreparable consequences for the rights invoked” by the individual (Rule 94). 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 entry into force of the Optional Protocol in the State concerned. This is 3 month after the State ratifies or accedes to the Optional Protocol.
An exception to the rule is when the violation started before the entry into force of the Protocol but continued after that date (Könye and Könye v. Hungary §6.4).
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Last updated March 2025
