ANNEX – International and regional human rights systems
from the government, the Special Rapporteur
may inquire further or make recommendations. All communications sent and received
throughout the year are listed in an annual
report, along with further recommendations
and general comments as appropriate, including recommendations about measures
which should be taken in order to eradicate
torture.
The Special Rapporteur also undertakes
visits to countries that extend an invitation
following his request. The country missions
constitute an important means of monitoring and of having a dialogue with both state
authorities and civil society. The Special
Rapporteur invites and seeks the views of
civil society groups and individuals on the
country-specific situation and on steps that
need to be taken in order to improve conditions.
The power of the Special Rapporteur lies with
the Human Rights Council, and the public
nature of the procedure. His conclusions are
not legally binding and he has no powers of
enforcement. Nonetheless, not many states
are immune to public condemnation, and
the publicity of his findings creates pressure for states to co-operate by introducing
reforms or otherwise implementing his recommendations.
(For more details on the information that should
be included in a communication to the United Nations Special Rapporteur on Torture, see the model
questions on the website of the Office of the High
Commissioner for Human Rights,189 or The Torture
Reporting Handbook (http://www.essex.ac.uk/torturehandbook/handbook(english-complete).doc) at
page 92.)
b. Subcommittee of the United
Nations Committee against Torture
Following the entry into force of the Optional Protocol to the United Nations Convention
against Torture,190 the Subcommittee of the
United Nations Committee against Torture191
47
has been established to conduct visits to
places of detention in the territory of State
Parties.192 States must also establish, designate or maintain independent “national preventative mechanisms” to conduct periodic
visits to places of detention and formulate
recommendations to national authorities
for improvement in protection afforded to
detainees. The Optional Protocol also stipulates specific criteria to ensure the effectiveness and functional independence of such
national preventative mechanisms.
(The Optional Protocol entered into force on 22
June 2006. To see the status of ratification go to:
http://treaties.un.org/Pages/ViewDetails.aspx?
s r c = T R E AT Y& m t d sg _ n o = I V- 9 - b & c h a p t e r =4
&lang=en).
c. International Committee of the
Red Cross
The International Committee of the Red Cross
(ICRC) is a neutral and independent organisation which acts primarily in the context of
armed conflict, but also in situations of violence and political unrest. Its headquarters
are based in Geneva, Switzerland, but it has
field delegations in many countries where
its activities are required, usually through
an agreement with the governing authorities. One of its functions in these contexts
is to act as a neutral intermediary between
detainees and their detaining authorities. Its
representatives carry out visits to places of
detention where persons are held in connection with the conflict or unrest, and examine
the conditions of detention and treatment
and interview detainees about their experiences in detention. They require access to all
places of detention where detainees falling
within their field of activity are kept, as well
as the opportunity to interview the detainees
themselves in private. In return, they maintain absolute confidentiality about what
they observe during such visits. Because of
its special mandate and methods of work,
the ICRC is often able to gain access to plac-
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