Preventing Torture An Operational Guide for National Human Rights Institutions - Updated Edition
Fact-finding visits
The Special Rapporteur does not have an automatic right to undertake a fact-finding visit to a country
(unlike the Subcommittee on Prevention of Torture established under the Optional Protocol). Instead,
the Special Rapporteur can visit only following an invitation from a Government.
During the fact-finding visit, the Special Rapporteur will have contact with a wide range of stakeholders,
such as Government officials, NHRIs, NGOs, alleged victims and relatives, and can visit places of
detention, such as prison and police stations. The report of the fact-finding visit includes conclusions
on the country situation and makes recommendations to the Government.
2.1.2. Contribution of NHRIs to the work of the Special Rapporteur on Torture
NHRIs are key dialogue partners for the Special Rapporteur. They can provide the Special Rapporteur
with reliable information, assist with preparations for a fact-finding visit, monitor implementation of
recommendations and undertake other follow-up action following a visit.
Providing information
NHRIs can provide an independent and credible source of information for the Special Rapporteur.
They can prepare information on individual cases or on the broader human rights situation that could
form the basis of the Special Rapporteur’s communications to the Government. They can also draw
attention to issues of concern in legislation or draft legislation.
In addition, NHRIs can contribute to the development of thematic reports by the Special Rapporteur,
by suggesting specific issues or topics to be the subject of a future thematic study or by submitting
relevant information following a call for inputs from the Rapporteur.
Fact-finding visit
NHRIs can recommend that the Government invite the Special Rapporteur to undertake an official factfinding visit. In preparing for a country visit, the NHRI should provide a report of relevant information
to the Special Rapporteur, as well as propose suitable interlocutors.
During the visit, the Special Rapporteur will usually meet representatives of the NHRI. This provides an
important opportunity for the NHRI to present recent and updated information regarding torture and
other forms of ill-treatment in the country. It also allows the NHRI to advise the Special Rapporteur on
particular places of detention to visit.
Following up on reports and recommendations
As relay mechanisms at the country level, NHRIs have an important role to play in following-up on
the report issued by the Special Rapporteur following the fact-finding visit. NHRIs should translate,
if necessary, and widely disseminate the report to all key stakeholders. Importantly, they can also
monitor steps taken by the State to implement recommendations made by the Special Rapporteur.
NHRIs can organize follow-up seminars or roundtable discussions on the report and its
recommendations, as well as draw on the report when preparing advice, recommendations and
reports to the Government, Parliament or relevant authorities. It can also be a valuable resource for
NHRIs when they prepare their strategic work plan or formulate a national human rights action plan.
Finally, NHRIs can regularly communicate with the Special Rapporteur and provide information on
progress that has occurred in the implementation of recommendations from the report.
Insights from practice:
The National Human Rights Commission of Mexico met with the Special Rapporteur during its
2014 visit to the country. The Special Rapporteur issued a follow-up report in 2017 based on the
information received by relevant stakeholders, including the National Human Rights Commission.
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