United Nations Committee against Torture (CAT)

News: The United Nations Committee against Torture (CAT) raised serious concerns over Pakistan’s mass deportation of Afghan refugees under the 2023 Illegal Foreigners’ Repatriation Plan, citing lack of individual protection assessments and risks of refoulement.

About United Nations Committee against Torture (CAT)

• It is the body of independent experts that monitors the implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its States parties.
• Headquarters: Geneva, Switzerland, operating under the Office of the High Commissioner for Human Rights (OHCHR). 
• Composition: The CAT is composed of 10 independent experts serving in their personal capacity, and not as representatives of a State.
  • Eligibility: They must have high moral standing and recognised competence in the field of human rights.
  • Membership: The States determine committee membership.
  • Term: Each member is nominated by a State Party to the Convention and elected by States Parties for a four-year term.
    • They may be re-elected if re-nominated.
    • Equitable geographical distribution and the usefulness of the participation of some persons having legal experience have to be taken into account.
• How the committee works:
  • All States parties are obliged to submit regular reports to the Committee on how the rights are being implemented.
  • States must report initially one year after acceding to the Convention and then every four years.
  • The Committee examines each report and addresses its concerns and recommendations to the State party in the form of “concluding observations”.
  • In addition to the reporting procedure, the Convention provides three other mechanisms through which the Committee carries out its monitoring functions:
    • It can consider individual complaints from persons alleging violations of their rights.
    • It can undertake inquiries.
    • It can consider inter-state complaints.
• Session: It meets three times per year in Geneva. Each session lasts two to four weeks.
• Functions: The Committee against Torture (CAT) monitors State compliance with the Convention through five key functions.
  • Under State Reporting (Article 19), each State must submit a report within one year of joining the Convention and then every four years.
  • Under the Inquiry Procedure (Article 20), the Committee can conduct a confidential inquiry if there is reliable information that torture is being systematically practised in a State.
    • However, this inquiry cannot happen if the State has not accepted the Committee’s authority under Article 20.
  • Under Inter-State Communications (Article 21), one State can complain against another State for not following the Convention, but only if both States accept this system.
    • So far, no such complaint has been made.
  • Under Individual Communications (Article 22), individuals can file complaints if their rights under the Convention are violated, provided the State has accepted this procedure.
  • Through General Comments, the Committee explains the meaning and scope of the Convention’s provisions.

About Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

• The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the “Torture Convention”) was adopted by the General Assembly of the United Nations in 1984.
• The Convention entered into force in 1987.
• Membership: It currently has 154 States as signatories.
  • India has been a signatory to it since 1997, but India has not ratified it.
• Definition of Torture: Article 1 of the Convention defines torture as the deliberate infliction of severe physical or mental pain for purposes such as obtaining information, punishment, or intimidation, with the involvement or consent of a public official.
• Universal Jurisdiction: Article 5 requires States to either prosecute or extradite persons accused of torture, regardless of where the crime was committed or the nationality of the offender.
• It is to ensure protection for all individuals from torture and other cruel, inhumane or degrading treatment.