held publically accountable for the situation in its detention centres. Therefore, it is
important that NGOs in collaboration with
other interested stakeholders make their
best efforts to promote the publication
of the report. There are no fixed methods
for doing this since the methodology for
influencing such government decisions
depends on the specific context and regulation in the country concerned. However, it
is worth highlighting a very positive experience from Mexico, where NGOs managed to
get the report published through lawsuits
based on domestic access to information
laws.
Human Rights Council’s Universal Periodic
Review.7 These international mechanisms
can support and contribute to existing domestic advocacy efforts but should not be
relied on alone.
One of the main concerns of UN human
rights monitoring mechanisms, such as
the SPT, is the risk of reprisals against persons who collaborate with them or provide
them information. This risk can be very
high for persons who provide testimony to
the SPT since they have very limited possibilities of protecting themselves against
detention personnel and other would-be
When the Mexican government received the SPT report, it decided not to make it public. A
group of NGOs then decided to make a request based on IFAI (Federal Institute for Access to
Information). First, the request was rejected and the government argued that the publication
of the report would pose a risk to national security.
After another legal argument, IFAI decided to oblige the government to make the report public.
That same day the report was published in the webpage of the Secretary of Foreign Affairs,
together with a plan of action regarding the implementation of the recommendations.
The request to make the report public was done by the NGOs because they knew that it would
give them the opportunity to press for the implementation of the recommendations and also
point out that the state again received many recommendations.
Another way of promoting publication is
by ensuring that other international or regional human rights mechanisms bring up
the issue of publication when they conduct
their country reviews. This could, for instance, be when your country is reviewed
by UN treaty bodies such as the Committee
Against Torture or the Human Rights Committee or during the examination in the UN
perpetrators. The periods immediately
after the visit and again after the publication of the visit report can be particularly
high-risk periods, since these events might
expose misconduct by detention personnel and prompt criminal or administrative
sanctions against them. NGOs that have
access to places of detention and the NPM
can seek to increase the protection against
7. For more information on these bodies see http://www.ohchr.org/EN/HRBodies/Pages/HumanRightsBodies.aspx; for a guide on
how to influence the Universal Periodic Review see http://www.irct.org/Files/Filer/publications/UPR-Guide.pdf
14
Working with the UN Subcommittee on Prevention of Torture: A practical guide for NGOs engaging with SPT country visits
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