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A practical guide to the Istanbul Protocol – for lawyers
ANNEX
INTERNATIONAL AND REGIONAL HUMAN RIGHTS SYSTEMS
I. PREVENTION MECHANISMS
1. INTERNATIONAL (UNIVERSAL) MECHANISMS
a. United Nations Special Rapporteur on the Question of Torture
The Special Rapporteur’s remit is to provide
the United Nations Human Rights Council
with information on governments’ legislative and administrative actions in relation
to torture and the extent to which State Parties are fulfilling their obligations under the
United Nations Convention against Torture.
Individuals can send allegations of torture
to the attention of the Special Rapporteur on
Torture. Upon receiving these allegations,
the Special Rapporteur’s dialogue with a
government can begin in one of two ways. If
the Rapporteur believes that the allegations
he has received are credible, he will either
transmit an urgent appeal or raise the allegation in a standard communication.
The urgent appeal procedure is designed to
respond urgently to information reporting
that an individual may be at risk of torture
and is used to prevent possible incidents of
torture. It will therefore be used only where
information is very recent. It is a non-accusatory procedure, which means that it merely asks the Government to take steps to make
sure that the person is not tortured, without
adopting any position on whether or not the
fear of torture might be justified.
Standard communications are transmitted
to governments on a periodic basis and contain both allegations concerning individual
cases (individual allegations) and those concerning general trends, patterns and special
factors contributing to the practice of torture
in a country (general allegations).
These communications are transmitted to
the government against which the allegations have been made, in order to give that
government an opportunity to comment on
them. Depending on the response received
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