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Guide to International Human Rights Mechanisms - Brookings

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Go To Part I II III IV V<br />

6. Link between the violation<br />

and human rights work<br />

Why do you think the alleged<br />

violation is a response <strong>to</strong> the<br />

human rights work of the<br />

victim?<br />

7. Who is submitting this<br />

information? (Confidential)<br />

Give name, contact details and<br />

professional role (if relevant).<br />

<strong>International</strong> <strong>Mechanisms</strong> | UN Bodies<br />

Previous incidents<br />

If there have been previous<br />

incidents which are relevant,<br />

please give details.<br />

Submissions may be made by<br />

organizations or individuals.<br />

A year ago [date], another<br />

lawyer representing the same<br />

ethnic group as Aabb Ddee<br />

received a threatening letter<br />

similar <strong>to</strong> Ms. Ddee’s and was<br />

later [date] killed by unknown<br />

persons.<br />

This letter is submitted by<br />

the National Commission for<br />

<strong>Human</strong> <strong>Rights</strong>, with which Aabb<br />

Ddee works.<br />

updates<br />

Please send any updated information you have as soon as possible. It is especially important <strong>to</strong> know<br />

if there has been any change in the situation of the victim. Updates might be given where: 1) additional<br />

information becomes known (e.g. the identity of the perpetra<strong>to</strong>r of the violation); or 2) new events occur<br />

(e.g. the victim’s release from detention).<br />

[two months later] We learned <strong>to</strong>day [date] that the police investigation was closed yesterday. Two men<br />

have been arrested and detained on charges of sending a threatening letter <strong>to</strong> Aabb Ddee on [date] and<br />

of following her in their car when she left work the next day. The men are due <strong>to</strong> appear in court in two<br />

weeks. While pleased with the arrests, Ms. Ddee believes that the person who ordered these acts <strong>to</strong> be<br />

committed remains at liberty. She has asked that the police investigation be continued.<br />

Special Rapporteur on the Independence of Judges and Lawyers<br />

Background This Special Rapporteur is concerned with the impartiality and independence of<br />

legal systems including judges, lawyers, prosecu<strong>to</strong>rs and court officers, as well as with broader<br />

questions of equal access <strong>to</strong> justice. He has three major activities: country visits, transmitting letters<br />

concerning violations of rights in this area (including “urgent appeals” for imminent violations and<br />

“allegation letters” where the violation has already occurred), and reporting <strong>to</strong> the <strong>Human</strong> <strong>Rights</strong><br />

Council (page 49).<br />

What you can Do You can submit communications about issues related <strong>to</strong> the impartiality,<br />

independence and availability of lawyers and the courts. You can also suggest that the Special<br />

Rapporteur undertake a country visit for extended dialogue with authorities and other parties on<br />

these issues.<br />

evaluation While restriction of the work of judges and lawyers is rarely an issue that especially<br />

concerns IDPs, the issue of access <strong>to</strong> justice can be quite important. During his visit <strong>to</strong> Colombia<br />

in 1997, for example, the former Special Rapporteur noted that persons displaced by armed conflict<br />

had particular difficulties in accessing the courts and that their petitions for relief that were filed<br />

were summarily denied. 40 The current holder of this mandate has also indicated his interest in the<br />

broader issue of access <strong>to</strong> justice.<br />

40 U.N. Doc. E/CN.4/1998/39/Add.2, paras. 29-30.<br />

<strong>Guide</strong> <strong>to</strong> <strong>International</strong> <strong>Human</strong> <strong>Rights</strong> <strong>Mechanisms</strong><br />

for Internally Displaced Persons and their Advocates 10

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