In a move away from its previously narrow interpretation of the Convention on the issue of
torture by non-State actors and the question of the level and extent of State complicity,
the CAT issued General Comment No. 2 in 2008 acknowledging that torture is and can be
committed by non-State actors. It assigns the responsibility of such torture to State failure
to “exercise due diligence to prevent, investigate, prosecute and punish such non-State
officials or private actors”. It holds the State and its officials accountable “as authors,
complicit or otherwise responsible under the Convention for consenting to or acquiescing in
such impermissible acts”. 200 The Comment reflects the due diligence standards of other
treaties such as the ICCPR and the decisions of regional human rights bodies. There are yet
opportunities to hold the State accountable for failure to prevent violations by non-State
actors and/or effectively investigate and prosecute their actions.
5.4
Special Procedures of the Human Rights Council
‘Special procedures’ is the general name given to the mechanisms established by the
Human Rights Council to address either specific country situations or thematic issues in all
parts of the world. Special procedures mandates usually call on mandate holders to
examine, monitor, advise and publicly report on human rights situations in specific
countries or territories, known as country mandates, or on major phenomena of human
rights violations worldwide, known as thematic mandates. Currently, there are 36 thematic
and 10 country mandates. The Office of the High Commissioner for Human Rights provides
these mechanisms with personnel, policy, research and logistical support for the discharge
of their mandates.
Various activities are undertaken by special procedures, including responding to individual
complaints, conducting studies, providing advice on technical cooperation at the country
level, and engaging in general promotional activities.
Special procedures are either an individual (called "Special Rapporteur" or "Independent
Expert") or a working group usually composed of five members (one from each region). The
mandates of the special procedures are established and defined by the resolution creating
them. Mandate-holders of the special procedures serve in their personal capacity, and do
not receive salaries or any other financial compensation for their work. The independent
status of the mandate-holders is crucial in order to be able to fulfil their functions in all
impartiality.
Most Special Procedures receive information on specific allegations of human rights
violations and send urgent appeals or letters of allegation to governments asking for
clarification.
(Source: Special Procedures of the Human Rights Council, Office of the High
Commissioner of Human Rights, available at
http://www.ohchr.org/EN/HRBodies/SP/Pages/Welcomepage.aspx)
5.4.1 Possibilities and Limitations of the Special Procedures
Since special procedures are mechanisms with an independent mandate, there are several
possibilities with regard to their effective use to raise violations of women’s rights. In many
cases individuals and NGOs may send an ‘urgent appeal’ (where there is imminent risk of
harm) or a letter of allegation (‘where the harm has already occurred’) on individual cases
to the Special Rapporteur with the mandate on the thematic issue that is most relevant to
the violation. If the facts of the case fall under the competence of the thematic issue of
more than one Special Rapporteurs, the letter may be sent simultaneously to several
special rapporteurs to explore possibilities of sending a joint communication to the
government concerned.
REDRESS | INTERNATIONAL HUMAN RIGHTS TREATIES
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