COMMITTEE AGAINST TORTURE

A/50/44
ANNEX VI


AMENDED RULES OF PROCEDURE

The text of rules 106 and 108, amended by the Committee during its thirteenth session, reads
as follows:


Establishment of a working group and designation of special rapporteurs

Rule 106

1. The Committee may, in accordance with rule 61, set up a working group to meet shortly
before its sessions, or at any other convenient time to be decided by the Committee in
consultation with the Secretary-General, for the purpose of making recommendations to the
Committee regarding the fulfilment of the conditions of admissibility of communications laid
down in article 22 of the Convention and assisting the Committee in any manner which the
Committee may decide.

2. The working group shall not comprise more than five members of the Committee. The
working group shall elect its own officers, develop its own working methods and apply as far
as possible the rules of procedure of the Committee to its meetings.

3. The Committee may designate special rapporteurs from among its members to assist in
the handling of communications.


Additional information, clarifications and observations

Rule 108

1. The Committee or the working group established under rule 106 or a special rapporteur
designated under rule 106, paragraph 3, may request, through the Secretary-General, the
State party concerned or the author of the communication to submit additional written
information, clarifications of observations relevant to the question of admissibility of the
communication

2. Requests referred to in paragraph l of this rule which are addressed to the State party
shall be accompanied by the text of the communication.

3. A communication may not be declared admissible unless the State party concerned has
received the text of the communication and has been given an opportunity to furnish
information or observations as provided in paragraph l of this rule, including information
relating to the exhaustion of domestic remedies.
 4. The Committee or the working group may adopt a questionnaire for requesting such
additional information or clarifications.

5. The Committee or the working group or a special rapporteur designated under rule 106,
paragraph 3, shall indicate a time-limit for the submission
of such additional information or clarification with a view to avoiding undue delay.

6. If the time-limit is not respected by the State party concerned or the author of a 
communication, the Committee or the working group may decide to consider the admissibility of 
the communication in the light of available information.

7. If the State party concerned disputes the contention of the author of a communication
that all available domestic remedies have been exhausted, the State party is required to give
details of the effective remedies available to the alleged victims in the particular 
circumstances of the case and in accordance with the provisions of article 22, paragraph 5 (b), 
of the Convention.

8. Within such time-limit as indicated by the Committee or the working group or a special
rapporteur designated under rule 106, paragraph 3, the State party or the author of a
communication may be afforded an opportunity to comment on any submission received
from the other party pursuant to a request made under the present rule. Non-receipt of such
comments within the established time-limit should, as a rule, not delay the consideration of
the admissibility of the communication.

9. In the course of the consideration of the question of the admissibility of a communication,
the Committee or the working group or a special rapporteur designated under rule 106,
paragraph 3, may request the State party to take steps to avoid possible irreparable damage
to the person or persons who claim to be victim(s) of the alleged violation. Such a request
addressed to the State party does not imply that any decision has been reached on the
question of the admissibility of the communication.