Seeking Remedies for Torture Victims: A Handbook on the Individual Complaints Procedures of the UN Tready Bodies
– Freedom of contact with government officials, members of NGOs,
private institutions and the media.
– Full access to all relevant documentary material.
– Assurances that no persons who are in contact with the Special Rapporteur
will suffer consequent retribution.474
For example, the Special Rapporteur cancelled a planned visit to the US detention
facility in Guantanamo Bay in late 2005 as the US would not allow him free access
to privately interview detainees in that facility.475
b) Reports
The Special Rapporteur’s findings are not legally binding. However, the public nature of his findings puts pressure on States to conform to his or her recommendations.476 The Special Rapporteur compiles an annual report on his work throughout the year, including accounts of visits to States, communications received,
and on salient issues related to torture and ill-treatment.477 These reports identify
the factors and practices which cause and sustain acts of torture or other ill-treatment, and recommend measures regarding the eradication of such practices.
These recommendations are subject to follow-up by the Special Rapporteur
who will:
[P]eriodically remind Governments concerned of the observations and recommendations formulated in the respective reports, requesting information on the
consideration given to them and the steps taken for their implementation, or the
constraints which might have prevented their implementation.478
The Special Rapporteur reports on all his activities, observations, conclusions and
recommendations to the UN Human Rights Council and annually reports on the
general trends and developments to the UN General Assembly.479
c) Practical Information for Submitting
a Communication to the Special Rapporteur
When submitting a communication to the Special Rapporteur on Torture certain
basic information must be included in order for a submission to be considered:
474 See Office for the High Commissioner on Human Rights, “Special Rapporteur on Torture, Country
Visits”, available at: http://www.ohchr.org/english/issues/torture/rapporteur/appeals.htm.
475 See “Human Rights experts issue joint report on situation in Guantanamo Bay”, UN Press Release,
16 February 2006.
476 Giffard (2000), p. 93.
477 To access these reports, go to the OHCHR website of the Special Rapporteur.
478 Methods of Work, para. 13.
479 See Human Rights Council, Resolution 16/23, adopted at its sixteenth session, para. 3(g).
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