4.1
THE NATURE OF INDIVIDUAL COMPLAINTS
An individual complaint is an allegation received by a mission of a specific human rights
violation against an individual or a group of individuals or of the state’s inaction if the alleged violation was committed by non-state actors.
Individual complaints may be raised either by the alleged victim or victims or by other persons or organizations on behalf of the victims. Individual cases of human rights violations
may be reported to an OSCE mission by:
People who contact the mission on their own initiative, including individuals who
wish to testify about alleged treatment to which they have been subjected;
Family members of alleged victims;
Other individuals with whom the mission may come into contact in the course of its
work, such as community leaders, political activists, human rights defenders, defence
lawyers, or members of minority or religious groups;
Local human rights organizations or other NGOs;
Other international organizations and institutions working in the region;
The media;
Another OSCE body.
If someone besides the alleged victim files an individual complaint, it is important to try to
ascertain whether the victim welcomes OSCE involvement in the case. In some instances,
an individual may fear further persecution or harassment if his or her case is pursued;
OSCE missions should be sensitive to any such concerns. Even in such cases, however, it
may be possible to follow up in a more general way, e.g., by approaching the government
about a pattern of human rights abuses without mentioning the specific individual in
question. In other instances, e.g., if the individual in question has disappeared or is being
held incommunicado in detention, it may not be possible to discover his or her wishes. In
general, it would be reasonable in such serious cases to respond to concerns raised by family members or others. However, it is of utmost importance that every OSCE staff member always keep in mind the principle of do no harm, i.e., even though a positive outcome
cannot be ensured, it should be clear that any action taken by the mission will not worsen
the situation for the victim.
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