The Special Procedures
The special procedures (SPs) are independent human rights experts appointed to undertake certain
mandates on behalf of the HRC. Their mandates are either thematic or country specific and they are
created and renewed by resolutions of the HRC. The SPs vary in the ways in which they operate
but, in general they all: undertake studies, investigate situations of rights abuses that relate to their
mandates, conduct country visits, receive complaints (and intervene with states on their behalf),
issue urgent requests, and report to the HRC (and often the General Assembly) on their findings and
recommendations.
The special procedures and, in particular, the UN Special Rapporteur on Torture (UNSRT) may be
useful to NPMs in several ways although most particularly in the lead up, during and following in
country visits. SPs must be invited to visit a country but, once invited, their visits are covered by a
broad set of agreed “terms of reference” which give them broad powers to visit places, talk to people,
and conduct inquiries.
SP country visits can bring enormous amounts of attention, including in the international media to
a particular situation and they can thus be useful to NPMs wishing to draw attention to particular
situations or themes that it views as a priority.
In particular, NPMs may wish to do some or all of the following in relation to SP country visits:
•
encourage the government to issue an invitation, in particular to the UNSRT;
•
brief the mandate holder before, during and after the visit, including offering advice on which
places to visit and who to meet;
•
brief NGOs and relevant government officials on the visit;
•
make submissions to the SP in relation to specific findings or recommendations;
•
following the country report conduct advocacy in relation to its key recommendations; and
•
conduct follow-up visits to any places of deprivation of liberty that were visited by the SP, including
to prevent reprisals.
•
Make reference to SPT recommendations in future NPM reports
Regional advancement
In other regions in the world, regional monitoring bodies exist for NPM engagement, such as the
European Committee for the Prevention of Torture (CPT) and the Inter-American Commission on
Human Rights (IACHR). For NPMs operating in the Asia-Pacific region, while there is no dedicated
regional monitoring body specifically focused on the prevention of torture and ill-treatment, it is valuable
to engage with the relevant international mechanisms previously mentioned, namely the SPT, CAT,
HRC, UPR, for regional advancement.
Particularly using the NHRI networks, NPMs can significantly benefit from creating and participating in
regional networks that bring together like-minded institutions, civil society organisations, and academic
entities. These networks can serve as platforms for sharing information, strategies, and best practices
related to the prevention of torture and ill-treatment.
•
Collaborative Projects: Engage in joint initiatives, such as conducting regional studies on specific
detention-related issues, developing regional guidelines or standards, and organising thematic
workshops or conferences that address common challenges.
•
Information Exchange: Establish regular communication channels to exchange findings, reports,
and updates on national developments. This can include setting up a shared database or repository
of relevant documents, research, and case studies.
•
Joint Advocacy: Amplify regional voices by issuing joint statements, recommendations, or position
papers on critical issues affecting multiple countries in the region. This collective approach
can increase pressure on governments to address systemic issues and align with international
standards.
NPM Toolkit for Asia Pacific NPM-NHRIs
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