A/76/168
the international criminal courts and tribunals that adjudicate a broad range of crimes,
including torture and ill-treatment. Several international mechanisms serve to hold
States accountable specifically in respect of their compliance with the prohibition of
torture and ill-treatment, including the Committee against Torture, the Subcommittee
on Prevention of Torture and the Special Rapporteur on torture. These are further
complemented by monitoring and implementation mechanisms established through
regional instruments. All these bodies’ procedures – from monitoring and reporting
to litigation – are aimed at maintaining a system of continuous accountability for
torture and ill-treatment. This accountability takes different forms, which are
complementary in nature. For example, through the reporting pro cedure, the
Committee against Torture examines periodic reports submitted by States, raises
specific concerns and makes recommendations through its concluding observations.
The Committee also hears individual complaints, carries out confidential inquiries in
response to reliable information on serious, grave or systematic violations by a State
party, and issues general comments providing guidance for the interpretation of the
provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment. The Subcommittee on Prevention of Torture conducts
monitoring visits to States parties to the Optional Protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment with a view
to preventing and redressing torture and ill-treatment in places of deprivation of
liberty. The Subcommittee also supports and provides advice on the establishment of
a system of regular visits at the national level through national preventive mechanisms
aimed at monitoring the treatment and conditions in places of deprivation of liberty.
In contrast to treaty bodies, the Special Rapporteur on torture, mandated by Human
Rights Council resolution 43/20, can engage in a direct dialogue with all States,
regardless of their treaty obligations. In doing so, the Special Rapporteur transmits
urgent appeals and other communications on behalf of individuals and groups exposed
to acts or risks of torture or ill-treatment to the relevant Governments; undertakes
official country visits with a view to assessing State practice, identifying challenges
and providing recommendations in official reports; and submits thematic reports to
the Human Rights Council and the General Assembly on key issues relating to the
mandate, including recommendations aimed at improving the compliance of States
with the prohibition of torture and ill-treatment in the thematic area under review. 9
15. On the national level, continuous accountability for torture and ill-treatment is
fostered through independent monitoring mechanisms operating according to
internationally agreed standards, such as the national preventive mechanisms aimed
specifically at the prevention of torture and ill-treatment, 10 and national human rights
institutions focusing on a broader range of human rights violations. 11 Also, depending
on the context, domestic accountability may be ensured through a broad range of
oversight and complaints mechanisms, such as parliamentary ombudsperso ns or
specialized units or officials within the various relevant ministries and services, which
can offer complaints procedures, investigate alleged misconduct, decide on
disciplinary sanctions and refer relevant cases to the competent judicial authorities
for prosecution and punishment.
16. In this regard, special emphasis should be placed on the contribution to
accountability by bodies other than State institutions and, in particular, on the
__________________
9
10
11
6/23
On the effectiveness of State cooperation with the Special Rapporteur, see A/HRC/46/26 and
A/HRC/46/26/Corr.1.
Office of the United Nations High Commissioner for Human Rights (OHCHR), Preventing
Torture: The Role of National Preventive Mechanisms – A Practical Guide, Professional Training
Series No. 21 (New York and Geneva, 2018).
Asia-Pacific Forum of National Human Rights Institutions, Association for the Prevention of
Torture and OHCHR, Preventing Torture: An Operational Guide for National Human Rights
Institutions (2010).
21-09914