regional organizations.401 The Human Rights Council has expressed concern at
“the continued reports of intimidation and reprisals against individuals and groups
who seek to co-operate or have co-operated with the United Nations, its representatives and mechanisms in the field of human rights, and at the seriousness
of reported reprisals, including violations of the right of the victim to life, liberty
and security of person, and violations of obligations under international law prohibiting torture and cruel, inhuman or degrading treatment.”402 In this regard, the
UN General Assembly and the Human Rights Council have urged states to refrain
from, and ensure adequate protection from, any acts of intimidation or reprisals.
Furthermore, they have called on states to fulfil their duty to end impunity for
any such acts by bringing the perpetrators to justice and by providing an effective
remedy for the victims, and to avoid legislation that has the effect of undermining
the right to unhindered access to and communication with international institutions.403 Echoing PACE, which has expressed serious concern about illicit pressure
on lawyers who defend applicants before the ECtHR and other acts of intimidation,
the Council of Europe Committee of Ministers has called on states to refrain from
putting pressure on applicants, their lawyers and members of their family with the
aim of deterring applications to the Court, so as to effectively protect them from
such pressure and identify and appropriately investigate all cases of alleged interference with the right of individual application to the Court.404
265. W hen national mechanisms for human rights protection are ineffective, interna-
tional systems may represent the only or last resort for legal redress or for the
promotion and protection of human rights. Information submitted to international
bodies, in particular human rights mechanisms, is sometimes the only way for
someone from outside of a country to learn about the human rights situation in
that country. Under these circumstances, states often perceive the transfer of
such information as presenting the country, and its government, in a bad light, as
401 See A/HRC/24/29, 31 July 2013, paras. 49 and para. 14 (concerning allegations of reprisals for
communicating with regional organizations). See also the previous reports of the UN Secretary General on
Cooperation with the United Nations, its representatives and mechanisms in the field of human rights: UN Doc.
A/HRC/21/18, 13 August 20102; UN Doc. A/HRC/18/19, 21 July 2011; and UN Doc. A/HRC/14/19, 7 May 2010.
402 A/HRC/RES/24/24, Preamble.
403 See UNGA Resolution A/RES/68/181, para. 17; and Human Rights Council Resolution A/HRC/RES/22/6
para. 14. See also A/HRC/RES/24/24, which encourages states to consider setting up a national focal point to
address acts of intimidation and reprisals against individuals and groups communicating with the United Nations, its representatives and mechanisms in the field, see para. 8.
404 See Council of Europe Committee of Ministers, “Resolution CM/Res(2010)25 on member states’ duty to
respect and protect the right of individual application to the European Court of Human Rights”, 10 November
2010, paras. 1-2 and 4. The Parliamentary Assembly of the Council of Europe (PACE) made almost identical
recommendations in its 2007 Resolution (see PACE Resolution 1571 (2007), “Council of Europe member states’
duty to co-operate with the European Court of Human Rights”, paras. 17.1.-17.3). In the Resolution, the Assembly expressed its grave concerns “about the fact that a number of cases involving the alleged murder, disappearance, beating or threatening of applicants initiating cases before the Court have still not been fully and
effectively investigated by the competent authorities”, and noted that illicit methods of applying pressure on
lawyers who defended applicants before the Court “included trumped-up criminal charges, discriminatory tax
inspections and threats of prosecution for ‘abuse of office’. Similar pressure has been brought to bear on NGOs
who assist applicants in preparing their cases.” Such acts of intimidation have prevented alleged victims of violations from bringing their applications to the Court, or led them to withdraw their applications (see paras. 5-7).
Guidelines on the Protection of Human Rights Defenders
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