CAT/C/55/2
Committee should be prepared to review and respond to them. For this purpose, it shall
appoint at least one rapporteur and the secretariat shall designate focal points from among
its staff members.
Article 19
6.
The Rapporteur on reprisals, with the assistance of the secretariat, should:
(a)
Receive complaints and information regarding reprisals, including through
the secretariat;
(b)
Inform the secretariat about any allegations received directly, irrespective of
the source of the allegation;
(c)
Encourage the submission of information in written form; if the complainant
cannot provide written submissions, he or she may transmit information orally to the
Rapporteur or the secretariat and the Rapporteur will make a note of the conversation;
(d)
On the basis of available information, make a preliminary assessment of the
threat; information on allegations that relate to acts or threats of reprisal in a State party to
the Convention should be verified by referring to reliable sources, including the secretariat,
relevant non-governmental organizations and the media;
(e)
Where relevant, inform and consult relevant mandate holders, including,
when appropriate, the country rapporteurs of the Committee and of other treaty bodies, on
each case;
(f)
Liaise with the secretariat, which will maintain a file of all relevant
documentation;
(g)
Act only with the agreement of the complainant; when he or she cannot be
reached or express such agreement, his or her relatives and representatives should express
agreement on his or her behalf;
(h)
Prepare a recommendation for action;
(i)
Monitor developments in the case through the secretariat.
7.
All allegations shall be treated with the utmost confidentiality and in accordance
with the principle of “do no harm”.
8.
Where the information is considered reliable and the preliminary assessment
determines that there is a real threat or that a violation has been committed, the Rapporteur,
in consultation with the Chair of the Committee, and, when possible, the country
rapporteurs and the secretariat, will decide on the appropriate course of action, which may
include the following steps:
(a)
Communicate with the Permanent Representative of the State concerned,
request information and recommend action to be taken;
(b)
After having made contact with the Permanent Representative of the State
concerned, issue a public statement condemning reprisals and requesting that victims be
protected, and consider issuing a joint public statement with other relevant bodies and
mandate holders;
(c)
Inform other relevant bodies and officials, including mandate holders, other
treaty bodies and relevant sectors of the secretariat, as appropriate;
(d)
Inform the national human rights institution and the national preventive
mechanism or mechanisms on the case, as appropriate.
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