CAT/C/55/2
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
4 September 2015
Original: English
Committee against Torture
Guidelines on the receipt and handling of allegations of
reprisals against individuals and organizations cooperating
with the Committee against Torture under articles 13, 19, 20
and 22 of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment*
General provisions
1.
Further to the establishment of a mechanism to prevent, monitor and follow up cases
of reprisal against civil society organizations, human rights defenders, victims and
witnesses engaging with the human rights treaty body system and the designation of
rapporteurs on reprisals (see A/69/44, para. 25) and in the light of the decision taken by the
Chairs of the treaty bodies at their twenty-sixth meeting (see A/69/285, para. 111), the
Committee against Torture adopts the present guidelines on the receipt and handling of
allegations of reprisals against individuals and organizations cooperating with the
Committee under articles 13, 19, 20 and 22 of the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment.
2.
In handling allegations of reprisals, the Committee will follow the Guidelines
against Intimidation or Reprisals (“San José Guidelines”) adopted by the Chairs of the
human rights treaty bodies at their twenty-seventh meeting, held in San José from 22 to 26
June 2015 (see HRI/MC/2015/6).
Article 13
3.
The Committee wishes to recall that, pursuant to article 13 of the Convention, each
State party shall take steps to ensure that the complainant and the witnesses are protected
against all ill-treatment or intimidation as a consequence of the complaint made or any
evidence given. In the context of the Committee’s operation, reprisals can occur in Geneva,
in the home country of the person or organization concerned or elsewhere.
4.
Reprisals constitute a form of cruel treatment or punishment under article 16 of the
Convention and may amount to torture in certain circumstances.
5.
When information related to alleged reprisals comes to the attention of the
Committee, whether during or between its sessions, which are held in Geneva, the
* Adopted by the Committee at its fifty-fifth session (27 July-14 August 2015).
GE.15-14999(E)
*1514999*