Table 33: CAT, HRC and CERD (General) - Table 34: CRC, CEDAW, SR-CHR and 1503 (General) - Table 35: CPT, IACN and IACT (General) - Table 36: ACNHR and SRP (General) - Table 37: CAT, HRC and CERD (Individual Complaint Procedure) - Table 38: ECTHR, IACN, IACT and ACNHR (Individual Complaint Procedure)

CAT

HRC

CERD

SR

IP

IC

SR

IC

SR

IC

• Is the procedure public?

Y

N

N

Y

N

Y

N

• Are its findings public?

Y

may be

Y

Y

Y

Y

Y

• Can the mechanism carry out fact-finding visits?

N

yes

N

N

N

N

N

• Are the findings of such a visit known to the public?

-

may be

-

-

-

-

-

=> Seeking changes in a general situation?

• Can the mechanism make recommendations of a general or systemic nature?

Y

Y

Y

Y

N

Y

N

• Is a state legally obliged to comply with those recommendations?

N

N

N

N

-

N

-

• Do states usually comply with them?

varies

Y

insufficient case-law

varies

-

varies

-

• Does the mechanism have a follow-up procedure?

next report

no, but could do so on a case by case basis

no, but not excluded

being developed

-

next report

-

• Is there any special sanction the mechanism can impose on states which do not co-operate?

N

may publish summary of results

N

N

-

N

-

From a reporting mechanism:

Publicity of an individual case in the context of a general situation

Preventing deportation

• Can the mechanism make recommendations in individual cases?

N

yes, though does not do so often

N

N

• Is a state legally obliged to comply with those recommendations?

_

N

_

_

• Do states usually comply with them?

_

Y

_

_

• Does the mechanism have a follow-up procedure for individual cases?

-

N

N

N

• Are urgent measures available?

-

Y

N

N

• Is a state legally obliged to comply with those measures?

-

N

• Do states usually comply with them?

-

Y

CRC

CEDAW

SR-CHR

1503

SR

SR

COM

COM

• Is the procedure public?

Y

Y

N

N

N

• Are its findings public?

Y

Y

Y

Y

no, but the fact that a state is under consideration is public

• Can the mechanism carry out fact-finding visits?

N

N

N

Y

yes, but does not usually exercise this option

• Are the findings of such a visit known to the public?

-

-

-

Y

N

• Can the mechanism make recommendations of a general or systemic nature?

Y

Y

Y

Y

yes, but on a confidential basis

• Is a state legally obliged to comply with those recommendations?

N

N

N

N

N

• Do states usually comply with them?

varies

varies

varies

often

varies

• Does the mechanism have a follow-up procedure?

next report

next report

can continue dialogue

follow-up dialogue

can keep state under consideration until the following year

• Is there any special sanction the mechanism can impose on states which do not co-operate?

N

N

N

can make statement when presenting report to UNCHR

may transfer to a public procedure. This may include appointing a Special Rapporteur

=> Seeking an individual remedy?

From a reporting mechanism:

Publicity of an individual case in the context of a general situation

Prevent deportation

• Can the mechanism make recommendations in individual cases?

N

N

Y

Y

• Is a state legally obliged to comply with those recommendations?

_

_

N

N

• Do states usually comply with them?

_

_

varies

regularly

• Does the mechanism have a follow-up procedure for individual cases?

N

N

opportunity for source to comment on state reply

can continue dialogue

• Are urgent measures available?

N

N

Y

Y

• Is a state legally obliged to comply with those measures?

-

-

N

N

• Do states usually comply with them?

-

-

regularly

regularly

CPT

IACN

IACT

FF

FF

IC

IC

• Is the procedure public?

N

N

N

N

• Are its findings public?

see fact-finding

see fact-finding

not automatically

Y

• Can the mechanism carry out fact-finding visits?

Y

Y

Y

Y

• Are the findings of such a visit known to the public?

only if state agrees to publication: in practice most states have

usually

not automatically

referred to in judgment

• Can the mechanism make recommendations of a general or systemic nature?

Y

Y

Y

Y

• Is a state legally obliged to comply with those recommendations?

N

N

N

Y

• Do states usually comply with them?

Y

varies

varies

Y

• Does the mechanism have a follow-up procedure?

follow-up visits and ongoing dialogue

follow-up visits

may ask to be informed of steps taken

may ask to be informed of steps taken

• Is there any special sanction the mechanism can impose on states which do not co-operate?

public statement

N

public report/ refer to court

N

• Can the mechanism make recommendations in individual cases?

Y

Y

• Is a state legally obliged to comply with those recommendations?

N

N

• Do states usually comply with them?

Y

varies

• Does the mechanism have a follow-up procedure for individual cases?

may enquire about case

• Are urgent measures available?

can happen

Y

• Is a state legally obliged to comply with those measures?

N

N

• Do states usually comply with them?

Y

varies

ACNHR

SRP

SR

FF/IDS

FF

COM

• Is the procedure public?

Y

N

N

N

N

• Are its findings public?

Y

usually

attached to annual report of ACHPR

Y

Y

• Can the mechanism carry out fact-finding visits?

-

Y

in relation to groups of complaints

Y

Y

• Are the findings of such a visit known to the public?

-

usually, but there can be long delays

can be

yes but can be delay in publication

yes but can be delay in publication

• Can the mechanism make recommendations of a general or systemic nature?

Y

Y

yes if relates to a 'situation'

Y

yes if relates to a 'situation'

• Is a state legally obliged to comply with those recommendations?

N

N

N

N

N

• Do states usually comply with them?

sometimes

sometimes

sometimes

sometimes

sometimes

• Does the mechanism have a follow-up procedure?

next state report

may keep the item on the agenda

possibly through the OAU

follow-up missions

not excluded

• Is there any special sanction the mechanism can impose on states which do not co-operate?

N

N

N

N

N

• Can the mechanism make recommendations in individual cases?

N

Y

Y

Y

• Is a state legally obliged to comply with those recommendations?

-

N

N

N

• Do states usually comply with them?

-

sometimes

sometimes

sometimes

• Does the mechanism have a follow-up procedure for individual cases?

-

N

N

not excluded

• Are urgent measures available?

-

Y

Y

Y

• Is a state legally obliged to comply with those measures?

-

N

N

N

• Do states usually comply with them?

-

sometimes

sometimes

sometimes

CAT

HRC

CERD

Y

Y

Y

Y

Y

potentially

• What form of reparation, if any, can be awarded?

indication of action necessary to restore compliance

indication of action necessary to restore compliance

indication of action necessary to restore compliance

• Are states legally obliged to comply with the final decision?

N

N

N

• Do states usually comply with it?

usually

varies

varies

• Is there any way of enforcing the decision?

no, but may ask to be informed of any steps taken

N

N

• Are provisional or urgent measures available?

Y

Y

Y

• Is a state legally obliged to comply with those measures?

N

N

N

• Do states usually comply with them?

usually

Y

Y

ECTHR

IACN

IACT

ACNHR

Y

Y

Y

Y

Y

Y

Y

Y

• What form of reparation, if any, can be awarded?

can include financial compensation

-

can include compensation and other less traditional remedies

-

• Are states legally obliged to comply with the final decision?

Y

N

Y

N

• Do states usually comply with it?

Y

varies

Y

sometimes

• Is there any way of enforcing the decision?

may be taken up by the Committee of Ministers

no, although the potential for referral to the Court or publication of the IACN's findings may motivate compliance

may be pursued in the domestic courts

N

• Are provisional or urgent measures available?

Y

Y

Y

Y

• Is a state legally obliged to comply with those measures?

N

N

Y

N

• Do states usually comply with them?

Y

varies

Y

sometimes