Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

338 | PRACTITIONERS GUIDE No. 6a) Basic Procedural Standards of Special ProceduresThe UN Special Procedures follow in the consideration of communicationssome basic procedural standards that are enshrined in the Manualof Operations of the Special Procedures of the Human Rights Council 1509and in the Code of Conduct for Special Procedures Mandate-Holders ofthe Human Rights Council. 1510 These standards are not mandatory butinform a harmonised procedure for mandate-holders and are generallyenforced by them.Who can submit a communication: Communication may be submittedby a person or group of persons claiming to be victim of violationsor by any person or group of persons, including, non-governmentalorganisations, acting in good faith in accordance with the principles ofhuman rights, and free from politically motivated stands or contraryto, the provisions of the Charter of the United Nations, and claiming tohave direct or reliable knowledge of these violations substantiated byclear information. 1511How the communication must be submitted: The communicationmust be in written, printed or electronic form and include full details ofthe sender’s identity and address, and full details of the relevant incidentor situation. Anonymous communications are not considered. 1512Most Special Procedures provide questionnaires in different language tobe completed in order to present a communication. 1513 While the presentationof a communication through these forms is not mandatory, itis highly recommended.Which violations can be submitted for consideration: The kindof violation that can be submitted to a Special Procedure depends onthe subject-matter which the mandate-holder is charged to consider. 1514Conformity criteria: The communications (1) should not be manifestlyunfounded or politically motivated; (2) should contain a factualdescription of the alleged violations of human rights; (3) thelanguage of the communication should not be abusive; (4) and thecommunication should not be exclusively based on reports dissem-1509 Manual of Operations of the Special Procedures of the Human Rights Council, adopted at the15 th Annual Meeting of Special Procedures, June 2008, available at http://www2.ohchr.org/english/bodies/chr/special/docs/Manual_August_FINAL_2008.doc (Manual of Operations).1510 Code of Conduct for Special Procedures Mandate-Holders of the Human Rights Council, inResolution 5/2 of the UN Human Rights Council, Annex (Code of Conduct).1511 Article 9.d, ibid.; Manual of Operations, op. cit., fn. 1509, para. 38.1512 Manual of Operations, op. cit., fn. 1509, para. 38. Other formal requirements which mayideally be included are listed in para. 39.1513 See, http://www2.ohchr.org/english/bodies/chr/special/questionnaires.htm.1514 Ibid., para. 28.