Guide to International Human Rights Mechanisms - Brookings
Guide to International Human Rights Mechanisms - Brookings
Guide to International Human Rights Mechanisms - Brookings
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
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