Part II Preventing torture: NHRIs in action | Section III Acting as a control mechanism
The strength of these special procedures lies in their independence; mandate holders are human rights
experts appointed in an individual capacity.
The following special procedures are of particular relevance for the prevention of torture:
• Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
• Working Group on Arbitrary Detention
• Working Group on Enforced or Involuntary Disappearances
• Special Rapporteur on extrajudicial, summary or arbitrary detention
• Special Rapporteur on the promotion and protection of fundamental freedoms while countering
terrorism
• Special Rapporteur on violence against women, its causes and consequences
• Representative of the Secretary-General on the human rights of internally displaced persons
In relation to torture prevention, the most important of these special procedures is the Special Rapporteur
on torture and other cruel, inhuman or degrading treatment or punishment.
2.1.1. Special Rapporteur on Torture
The Special Rapporteur on Torture is an independent expert who reports to the Human Rights Council
and to the General Assembly.
The role of the Special Rapporteur is to engage Governments in dialogue about credible allegations of
torture and to conduct fact-finding visits.
Dialogue
The dialogue that the Special Rapporteur establishes with Governments is based on two types of
communications.
• Urgent appeals request the Government to respond urgently to information that an individual
may be at risk of torture. This is a non-accusatory procedure, which generally requests the
Government to take certain steps to prevent possible incidents of torture without adopting a
position on the alleged risks.
• Letters of allegations bring to the attention of the Government cases of individuals or groups
alleging torture or ill-treatment. The Government is requested to clarify the substance of the
allegations and to forward information on the status of any investigation. Depending on the reply,
the Special Rapporteur may decide to conduct further inquiries or make recommendations.
It is important to note that, unlike other United Nations human rights mechanisms, it is not necessary
for a victim to exhaust all domestic remedies before submitting allegations of torture to the Special
Rapporteur.
The Special Rapporteur’s annual report, which is provided to the Human Rights Council and to the
General Assembly, includes an overview of all communications sent and received during the year. The
report may also examine key thematic issues – such as impunity, counter-terrorism measures, guarantees
for persons deprived of their liberty and non-refoulement – and propose recommendations.
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.
Chapter 7: Cooperating with international mechanisms | 71