Guide to International Human Rights Mechanisms - Brookings

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International Mechanisms | UN Bodies
Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions
Background This Special Rapporteur’s mandate extends to all types of killings by government
forces and those associated with them, including killing of civilians during armed conflict, as well
as governmental failure to take reasonable steps to prevent killings by private actors. The Special
Rapporteur’s principal activities are transmitting “urgent appeals” to governments to prevent
imminent extra-judicial, arbitrary or summary executions or “letters of allegation” concerning such
executions that have already taken place, undertaking country visits, and reporting annually to the
Human Rights Council (page 49) and the General Assembly.
What you can Do IDPs or their advocates can submit communications about situations where killings
appear imminent or about killings that have already been carried out. If appropriate, they might
suggest that the Special Rapporteur visit their country for more extended dialogue with authorities.
evaluation Holders of this mandate have highlighted the plight of IDPs in East Timor, Rwanda, 29
Colombia 30 and the Russian Federation, 31 among other places, in their annual reports to the
Council’s predecessor, the Commission on Human Rights, and have addressed numerous letters
to governments about killings of IDPs. Of particular interest to IDPs, past and current Special
Rapporteurs have affirmed that situations of forcible return of IDPs to areas where their life is
endangered are covered by the mandate. 32
While many other human rights mechanisms can address issues of the right to life, this Special
Rapporteur can act relatively quickly on communications (as compared, for instance, with the Human
Rights Committee, page 120), address them on an individual basis (unlike the 1503 procedure, page
51) and impose minimal admissibility criteria (unlike the treaty bodies described below). However,
unlike some other procedures (such as the Human Rights Committee), the Special Rapporteur
does not have the power to issue formal “opinions” on whether rights have been violated.
Who may submit communications Anyone may submit communications to the Special Rapporteur.
competence The Special Rapporteur is empowered to address issues in any UN member state.
exhaustion of Domestic remedies The Special Rapporteur does not require a showing of
exhaustion of domestic remedies.
Duplication of Procedures The Special Rapporteur does not bar duplication of procedures.
Time issues The Special Rapporteur will send urgent appeals in cases of threatened or imminent killings
requesting immediate government action and a speedy reply. There is no formal time limit for submitting
cases to the Special Rapporteur; however, in practice, cases over a few years old may not be taken up.
29 U.N. Doc. E/CN.4/2000/3, para. 43.
30 U.N. Doc. E/CN.4/2004/7, para. 31.
31 U.N. Doc. E/CN.4/2000/3/Add.1, para. 385.
32 E.g. U.N. Doc. E/CN.4/2005/7, para. 19(g).
Guide to International Human Rights Mechanisms
for Internally Displaced Persons and their Advocates
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