A/HRC/46/26 D. Standards of reference 1. Responsibilities of the mandate 30. In terms of thematic scope, the mandate of the Special Rapporteur covers any act or omission amounting to torture or other cruel, inhuman or degrading treatment or punishment under applicable international customary and treaty law. The Special Rapporteur is mandated to examine questions relating to the prohibition and prevention of and redress for such abuse in all current and aspiring States Members of the United Nations, regardless of their treaty obligations and of whether the perpetrators are State agents or non-State actors. 31. In its resolution 43/20, the Human Rights Council stressed that the mandate holder should discharge his or her duties in accordance with Council resolutions 5/1 and 5/2 and the annexes thereto. In particular, the Council mandated the Special Rapporteur to seek, receive, examine and act on information regarding issues and alleged cases concerning torture or illtreatment; to conduct country visits with the consent or at the invitation of Governments and to enhance further dialogue with them, and to follow up on recommendations made in visit reports; to comprehensively study trends, developments and challenges in relation to combating and preventing torture and ill-treatment, and to make recommendations and observations concerning appropriate measures to prevent and eradicate such practices; to identify, exchange and promote best practices on measures to prevent, punish and eradicate torture and ill-treatment; to integrate a gender perspective and a victim-centred approach; to cooperate with, and promote the cooperation between, universal, regional and national mechanisms, as well as civil society, on matters pertaining to the mandate; and to report on all of the mandate’s activities, observations, conclusions and recommendations to the Human Rights Council, and annually on relevant overall trends and developments to the General Assembly, with a view to maximizing the benefits of the reporting process. 32. The Special Rapporteur is mandated to receive information from different sources and to act on credible information by sending a communication to the relevant Governments. Such communications are sent through diplomatic channels, unless agreed otherwise, in relation to any actual or anticipated human rights violations which fall within the scope of their mandate. Communications may deal with (a) cases concerning individuals, groups or communities; (b) general trends and patterns of human rights violations in a particular country or more generally; or (c) the content of existing or draft legislation considered to be a matter of concern.9 33. Official communications do not imply a value judgment on the part of the special procedure concerned and are thus not per se accusatory. They are not intended as a substitute for judicial or other proceedings at the national level. Their main purpose is to obtain clarification in response to allegations of violations and to promote measures designed to protect human rights.10 34. In the light of the information provided by the Government in response to a communication, the mandate holder may initiate further inquiries or make recommendations or observations to be published in the relevant report.11 35. The text of allegation letters and urgent appeals remains confidential for 60 days to allow for States to provide a response and, thereafter, are published on the special procedures communications website, together with any responses received. 36. The Manual of Operations further determines the criteria based on which the mandate holders take action and the different types of communications to States.12 2. Responsibilities of States 37. Recognizing the importance of the work of the Special Rapporteur in the prevention and fight against torture and ill-treatment, the Human Rights Council urges States to, most 9 10 11 12 Manual of Operations of the Special Procedures of the Human Rights Council, paras. 28–29. Ibid., para. 30. Ibid., paras. 28–30 and 36. Ibid, paras. 38–51. 7