There are no specific admissibility criteria and any individual or a group on behalf of an
individual may send the letter. There is no need to exhaust domestic remedies nor is it
necessary that the State concerned has signed or ratified any treaty or convention. Sending
a communication to a Special Rapporteur does not prevent a person from sending a
communication of the same case to any other treaty body mechanism at any time. 201
Upon receipt of a letter of allegation, the special rapporteur will consider it and if
considered credible, forward it to the concerned government for a response. The
government may or may not respond to the letter. The fact of the complaint and the
response from the government, if any, is published in a combined report produced by the
Office of the High Commissioner for Human Rights secretariat each year. Complainants are
encouraged to send updates on the allegation if the situation changes.
The special procedures may be effective in case of an imminent threat or danger to the
lives of people. An urgent appeal may be sent to the special rapporteur, on which they
take action and forward the allegation letter to the concerned government in a matter of
days. In short, the special procedures are not bound by the framework, criteria or rules of
the treaty body mechanisms and as such do not suffer from the limitations of the treaty
bodies.
However, the special procedures have their own limitations. The process of the special
procedures is not usually public and the mandate holder does not make a decision or a
determination at the end of the process (except in the case of the Working Group on
Arbitrary Detention, which has a different procedure). As such, the special procedures are
mechanisms that make recommendations to and exert pressure on the government to stop
violations and respond to them. However, they cannot themselves provide redress to
individual victims.
The country-specific mandate holders do not have a ‘communications’ procedure but they
may nevertheless be useful to inform of communications specific to that country. A list
with useful links on special procedures is attached as annexure 5A.
Guidance on sending Urgent Appeals and Letter of Allegations to the Special Rapporteur is
available at:
http://www.ohchr.org/Documents/HRBodies/SP/LeafletCommunications_en.pdf.
201
Although this may not be the case with respect to the Working Group on Arbitrary Detention, which, unlike
other special procedures, uses a quasi-judicial adversarial procedure in relation to individual communications.
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