TABLE 3 : INTERNATIONAL VISITING MECHANISMS
TYPE
LEGAL BASE
CHARACTERISTICS
Universal mechanisms
UN Thematic Procedure
• Special Rapporteur on
Torture and Other Cruel,
Inhuman or Degrading
Treatment or
Punishment;
• Special Rapporteur on
Extrajudicial, Summary
or Arbitrary Executions;
• Working Group on
Forced or Involuntary
Disappearances;
• Working Group on
Arbitrary Detention
Resolutions of
the United
Nations
Commission on
Human Rights
• Prior agreement by the State concerned;
• Limited and one-off visits;
• Recommendations issued on the basis
of information communicated to the
Rapporteur and verified, or following
visits carried out in the country concerned;
• Recommendations without binding
character for States;
• Public reports presented at the session
of the Human Rights Commission.
Committee against
Torture
Article 20 of the
Convention of
the United
Nations (1984)
• Can only visit States Parties to the
Convention;
• Visits only in the case of “systematic
torture”;
• Authorisation by the State;
• Confidential procedure.
International
Committee of the Red
Cross
On the basis of
the Geneva
Conventions
(1949) for situations of conflict;
On the basis of
an agreement
with the State
for other situations.
• Monitoring of conditions of detention
targeted at persons arrested and
detained in relation with a situation of
conflict. In certain situations, monitoring extends to other categories of persons deprived of their liberty;
• In the situation of an international conflict, the States Parties to the conflict
are obliged to authorise visits to military internees and civilian nationals of
the foreign power involved in the conflict. In other situations, visits are subject to prior agreement by the
authorities;
• Permanent visits during the situation of
conflict or its direct consequences;
• Confidential reports.
Regional mechanism
European Committee
for the Prevention of
Torture
European
Convention for
the Prevention
of Torture
(1987)
• Visits only to States Parties to the
Convention;
• Unlimited access: at any moment to
any place where a person is deprived
of his or her liberty;
• Periodic and ad hoc visits (“required
by the circumstances”);
• Reports theoretically confidential, but
their publication has become the rule
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