Preventing Torture An Operational Guide for National Human Rights Institutions - Updated Edition
ACJ Reference on Torture
International bodies
NHRIs should encourage their State to issue a standing invitation to
the United Nations Special Rapporteur on Torture and other relevant
Rapporteurs of the United Nations to make visits and reports.
NHRIs should urge their States to ensure that the reporting
requirements under relevant international treaties are up-to-date.
They might also consider drafting shadow reports.
NHRIs should urge their States to implement all recommendations
and conclusions made in reports prepared by the relevant
monitoring committees and Special Rapporteurs. In this respect,
NHRIs have a supportive role to play.
Introduction
Most of the human rights instruments prohibiting torture (described in chapter 2) have established
various mechanisms to monitor their implementation. NHRIs can contribute to the work of these
mechanisms by providing alternative sources of information and by monitoring the implementation of
their recommendations.
The first two sections of this chapter examine mechanisms established within the United Nations
human rights system. A difference is traditionally made between the mechanisms established under
the Human Rights Council and applicable to all States (called Charter-based bodies) and mechanisms
set up under a specific treaty (called treaty-based bodies) that are applicable only to States that have
ratified these treaties. The mandate of the Committee against Torture will also be examined in detail.
When reviewing the compliance of an NHRI with the Paris Principles, GANHRI’s Sub-Committee on
Accreditation (SCA) also examines the interaction that an NHRI has with the international human
rights system, including with the treaty bodies.
The third section of this chapter examines regional complaints mechanisms, while the final section looks
at the role of visiting mechanisms which have specific mandates focusing on torture prevention.
1. United Nations treaty bodies
Human rights treaty bodies are committees of independent experts that monitor the implementation
of international human rights treaties. They are created by the treaty that they monitor and their main
function is to consider the reports of States parties.
Some treaty bodies can examine individual complaints (a quasi-judicial function). However, this is
usually dependent on the State party accepting this provision of the treaty. The treaty body can issue
its views following the examination of a complaint, although this is not a legally binding decision. Treaty
bodies also issue general comments on specific provisions of their respective treaties or general
recommendations on thematic or cross-cutting issues.
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