ernment representatives who wish to meet with him or her
and, in accordance with the position’s mandate, makes in
situ visits to some parts of the world. The Special Rapporteur submits reports to the Commission on Human Rights
and to the General Assembly. These reports describe
actions that the Special Rapporteur has taken under his or
her mandate and persistently draw attention to the importance of prompt investigation of torture allegations. In the
Report of the Special Rapporteur on the question of torture of 12 January 1995, the Special Rapporteur, Nigel
Rodley, made a series of recommendations. In paragraph 926 (g) of the report, he stated:
gated promptly and impartially by competent authorities
so as to make the remedy effective”. Where a State has
ratified the first Optional Protocol to the International
Covenant on Civil and Political Rights, an individual may
submit a communication to the Committee complaining
that his rights under the Covenant have been violated. If
found admissible, the Committee issues a decision on the
merits, which is made public in its annual report.
(c) Commission on Human Rights
18. The Commission on Human Rights is the primary human rights body of the United Nations. It is composed of 53 Member States elected by the Economic and
Social Council for three-year terms. The Commission
meets annually for six weeks in Geneva to act on human
rights issues. The Commission may initiate studies and
fact-finding missions, draft conventions and declarations
for approval by higher United Nations bodies and discuss
specific human rights violations in public or private sessions. On 6 June 1967, the Economic and Social Council,
in resolution 1235, authorized the Commission to examine allegations of gross violations of human rights and to
“make a thorough study of situations which reveal a
consistent pattern of violations of human rights”.22 Under
this mandate, the Commission has, among other procedures, adopted resolutions expressing concern about
human rights violations and has appointed special rapporteurs to address human rights violations falling under a
particular theme. The Commission has also adopted resolutions regarding torture and other cruel, inhuman or
degrading treatment or punishment. In its resolution
1998/38, the Commission stressed that “all allegations of
torture or cruel, inhuman or degrading treatment or punishment should be promptly and impartially examined by
the competent national authority”.
When a detainee or relative or lawyer lodges a torture complaint, an
inquiry should always take place... Independent national authorities,
such as a national commission or ombudsman with investigatory and/
or prosecutorial powers, should be established to receive and to investigate complaints. Complaints about torture should be dealt with immediately and should be investigated by an independent authority with
no relation to that which is investigating or prosecuting the case against
the alleged victim.23
21. The Special Rapporteur emphasized this recommendation in his report of 9 January 1996.24 Discussing
his concern about torture practices, the Special Rapporteur pointed out in paragraph 136 that “both under general
international law and under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, States are obliged to investigate allegations
of torture”.
(e) Special Rapporteur on violence against women
22.
The Special Rapporteur on violence against
women was established in 1994 by resolution 1994/45 of
the Commission on Human Rights and that mandate was
renewed by resolution 1997/44. The Special Rapporteur
has established procedures to seek clarification and information from Governments, in a humanitarian spirit, on
specific cases of alleged violence in order to identify and
investigate specific situations and allegations of violence
against women in any country. These communications
may concern one or more individuals identified by name
or information of a more general nature relating to a prevailing situation condoning or perpetrating violence
against women. The definition of gender-based violence
against women used by the Special Rapporteur is taken
from the Declaration on the Elimination of Violence
against Women, adopted by the General Assembly in
resolution 48/104 of 20 December 1993. Urgent appeals
may be sent by the Special Rapporteur in cases of genderbased violence against women that involve or may
involve an imminent threat or fear of threat to the right to
life or physical integrity of a person. The Special Rapporteur urges the competent national authorities not only to
provide comprehensive information on the case but also
to carry out an independent and impartial investigation
concerning the case transmitted and to take immediate
action to ensure that no further violation of the human
rights of women occur.
(d) Special Rapporteur on the question of torture
19. In 1985, the Commission decided, in resolution
1985/33, to appoint a Special Rapporteur on the question
of torture. The Special Rapporteur is charged with seeking and receiving credible and reliable information on
questions relevant to torture and to respond to that information without delay. The Commission has continued to
renew the Special Rapporteur’s mandate in subsequent
resolutions.
20. The Special Rapporteur’s authority to monitor
extends to all Member States of the United Nations and to
all States with observer status, regardless of the State’s
ratification of the Convention against Torture. The Special Rapporteur establishes contact with Governments,
asks them for information on legislative and administrative measures taken to prevent torture, requests them to
remedy any consequences and asks them to respond to
information alleging the actual occurrence of torture. The
Special Rapporteur also receives requests for urgent
action, which he or she brings to the attention of the Governments concerned in order to ensure protection of an
individual’s right to physical and mental integrity. In addition, the Special Rapporteur holds consultations with gov-
23
22
24
Ibid., E/4393.
6
Ibid., E/CN.4/1995/34.
Ibid., E/CN.4/1996/35.
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