Guide to International Human Rights Mechanisms - Brookings

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Special Rapporteur on Torture
International Mechanisms | UN Bodies
Background This Special Rapporteur intervenes in cases where he has received credible and
reliable information of torture at the hands, consent or acquiescence of governmental officials. He
has three main activities: transmitting letters to governments on individual complaints of torture
(including “urgent appeals” for imminent violations and “allegation letters” where the violation has
already occurred), undertaking fact-finding country visits, and submitting annual reports to the
Human Rights Council and the General Assembly.
What you can Do You can submit communications about situations where torture appears
imminent or about torture that has previously been carried out. You can also suggest that the
Special Rapporteur visit your country for more extended dialogue with authorities.
evaluation The Special Rapporteur has increasingly intervened in cases of torture involving IDPs,
including ill treatment in camps and detention facilities, and torture of humanitarian personnel
serving IDPs. The Special Rapporteur might also be persuaded to intervene where IDPs are
detained in camps with extremely dangerous conditions, e.g. where starvation or severe medical
conditions threaten from the enforced lack of food or medicines. Gender-specific types of torture,
including rape by government officials or their collaborators, particularly when used as a weapon in
armed conflict or as a means of punishment, may also be brought to his attention. Moreover, IDPs
may seek the Special Rapporteur’s intervention when they face forced return to areas where they
fear that they will be subject to torture.
In considering cases, the Special Rapporteur’s admissibility standards are less strict than the
Committee Against Torture (page 132) and regional bodies frequently invoked in torture cases,
such as the European Court of Human Rights (page 195). For example, he can address states that
are not signatories to international or regional torture conventions. Thus, the Special Rapporteur
may be more accessible to potential victims than some of the other mechanisms and may address
urgent complaints more expeditiously; on the other hand, the letters submitted by the Special
Rapporteur to governments do not impose binding legal obligations on them, are not subject to
sanctions for non-compliance, and are humanitarian in nature only.
competence While the Special Rapporteur makes extensive use of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, he is not limited by
that instrument. He is empowered to address torture issues in any UN member state.
exhaustion of Domestic remedies The Special Rapporteur does not require exhaustion of
domestic remedies.
Duplication of Procedures There is no formal bar on duplication of procedures; however, in some
cases where a communication has also been sent to the Committee against Torture, the Special
Rapporteur may decide to defer to the Committee. Moreover, in cases that appear to implicate
other thematic or country mandates of the Human Rights Council, the Special Rapporteur may
approach them for joint communications or country visits.
Guide to International Human Rights Mechanisms
for Internally Displaced Persons and their Advocates