Seeking Remedies for Torture Victims: A Handbook on the Individual Complaints Procedures of the UN Tready Bodies
(a) Central Functions of the Special Rapporteur
i. Urgent Appeals
This arm of the Special Rapporteur’s mandate is intended to operate as a preventative mechanism in situations where the Special Rapporteur receives information
indicating that an individual or group of individuals is at risk of torture or ill-treatment. Likewise, the Special Rapporteur may take action when persons are feared
to be at risk of “corporal punishment, means of restraint contrary to international
standards, prolonged incommunicado detention, solitary confinement, torturous
conditions of detention, the denial of medical treatment and adequate nutrition,
imminent deportation to a country where there is a risk of torture, and the threatened use or excessive use of force by law enforcement officials”.466 In this situation,
the Special Rapporteur will take action upon determining that such information
is credible. In making an assessment as to whether there are reasonable grounds
to believe that a risk of torture or ill-treatment is present, the Special Rapporteur
may consider, among other factors, the consistency of the information with other
information received by the Special Rapporteur relating to this particular country,
the existence of authoritative reports of torture practices in the country concerned
and the findings of other international bodies, such as those established in the
framework of the UN human rights machinery.467
The action taken by the Special Rapporteur generally takes the form of an urgent
appeal through a letter to the relevant State’s Minister of Foreign Affairs, requesting investigation of the allegations, and the taking of steps to ensure the physical
and mental integrity of the individual/individuals concerned.468 This communication does not amount to an accusation, rather it seeks to enlist the cooperation
and assistance of the government in ensuring that international human rights
standards are upheld in the specific circumstance. An Urgent Appeal can be used
to complement a request for interim measures by another human rights body,
such as the CAT Committee or the HRC.469
ii. Allegation Letters
Upon receiving allegations of acts of torture and determining that they are credible,
the Special Rapporteur will endeavour to open up a dialogue with the respective
government by sending it an “allegation letter”, which requires that the government
respond to the allegations and provide details of any subsequent investigation.
466 “Urgent appeals”, available at: http://www.ohchr.org/EN/Issues/Torture/SRTorture/Pages/
Appeals.aspx.
467 Methods of Work, para. 3.
468 Methods of Work, para. 4.
469 See Section 2.2.
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