A/HRC/22/53/Add.3
I. Approach to follow-up
1.
This report is submitted to the Human Rights Council in accordance with Council
resolution 16/23 by the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment.
2.
The Special Rapporteur has identified follow-up as one of his priorities. He seeks to
build upon the good practices established by his predecessors to enhance the mandate's
effectiveness of the implementation of recommendations made to States to try and establish
a more systematic and consistent approach to follow-up and further strengthen the Special
Procedures mechanism.
3.
This report contains information provided by the State, and other stakeholders,
including National Human Rights Institutions and non-governmental organizations
(NGOs), relating to the follow-up measures to the recommendations of the Special
Rapporteur and his predecessors made after conducting country visits. Paragraph 5 (d) of
Human Rights Council Resolution 16/23 on torture and other cruel, inhuman or degrading
treatment or punishment urges States “To ensure appropriate follow-up to the
recommendations and conclusions of the Special Rapporteur.” The report submitted to the
fifty ninth session of the Commission (E/CN.4/2003/68, para. 18), indicated that States to
which visits have been carried out would regularly be reminded of the observations and
recommendations made by the Special Rapporteur after such visits. Information would be
requested on the consideration given to the recommendations, the steps taken to implement
them, and any constraints that may prevent their implementation. Information from NGOs
and other interested parties regarding measures taken in follow up to his recommendations
would be welcome as well.
4.
The Special Rapporteur takes note that the format of the follow-up report was
modified in 2008 with the aim of rendering it more reader-friendly and of facilitating the
identification of concrete steps taken in response to the specific recommendations and their
results.
In
follow-up
reports
A/HRC/19/61/Add.3,
A/HRC/16/52/Add.2,
A/HRC/13/39/Add.6 and A/HRC/10/44/Add.5 tables were created for each State visited by
the mandate holders in the past ten years. The tables contained the recommendations of the
Special Rapporteur and his predecessors, a brief description of the situation when the
country visit was undertaken, an overview of steps taken in previous years and included in
previous follow-up reports and measures taken in the current year on the basis of
information gathered by the Special Rapporteur, from governmental and non-governmental
sources.
5.
Starting from this present report, the methodology and format of the follow-up
report has been further modified. In order to evaluate in a more in-depth manner, to what
extent, recommendations following a country visit have been implemented, this report will
adopt a cyclical follow-up structure with a two to four year time frame from the date when
the visit was undertaken. This allows the Government time to prioritise and address timesensitive recommendations and allows time for implementation of policies and institutional
changes that require a longer timeframe.
6.
To further the work of the mandate, and in particular follow-up, the Special
Rapporteur is overseeing a project, the Anti-Torture Initiative (ATI), supported by the
Center for Human Rights and Humanitarian Law at American University, Washington
College of Law to conduct follow-up visits to a State previously visited by the mandate
holder, upon the invitation of the concerned Government.
7.
The Special Rapporteur is engaged with Governments from previous visits he has
undertaken, including Tunisia and Kyrgyzstan, to discuss potential follow-up visits for later
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