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. 144

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