Part II Preventing torture: NHRIs in action | Section III Acting as a control mechanism
Coordinator for the South Caucasus. The Ombudsman also translated into Azeri all relevant
United Nations information material on the UPR process.
The Ombudsman prepared a report to the UPR, based on a broad and inclusive consultation
process. One-day meetings with all relevant stakeholders were organized in 2008, across each
of the country’s 54 districts. The Ombudsman report was prepared according to the OHCHR
guidelines and was referred to extensively in the summary document prepared by OHCHR.
During the review of Azerbaijan, 58 delegations made statements. The draft report adopted at
the end of the review included 32 recommendations. The final report was adopted by the Human
Rights Council in June 2009, with the Ombudsman attending the session. The Ombudsman’s
Office intends to translate the recommendations into Azeri and organize follow-up consultations
with the authorities on their implementation.
2.3. Human Rights Council complaint procedure
2.3.1. The complaint procedure
A new complaint procedure has been established under the Human Rights Council to address consistent
patterns of gross and reliably attested violations of all human rights, which occur in any part of the world
and under any circumstances.
Economic and Social Council resolution 1503 from 1970 provides the basis for the establishment of
this new procedure, which retains its confidential nature. It also requires a complainant to exhaust all
domestic remedies before lodging a complaint with the Human Rights Council. The complaint procedure
does not result in an individual judgement or an individual remedy, rather it aims instead to address
systemic patterns of human rights violation.
The complaint procedure establishes two distinct working groups: the Working Group on Communications
and the Working Group on Situations.
The Working Group on Communications, composed of five independent experts, is given the role to
assess the admissibility and the merits of communications it receives. All admissible communications
and recommendations are transmitted to the Working Group on Situations.
The Working Group on Situations is composed of five members appointed by regional groups from
Members States of the Human Rights Council. It presents the Council with a report on consistent
patterns of gross and reliably attested violations of human rights and makes recommendations on
the course of action to take. The Council examines reports of the Working Group on Situations in a
confidential manner and then takes a decision concerning each situation brought to its attention.
2.3.2. The contribution of NHRIs to the complaints procedure
NHRIs can raise awareness at the national level about the complaints procedure, how it works, possible
outcomes and the fact that it is a confidential process. NHRIs can also submit information when they
have evidence of consistent patterns of human rights violations, such as torture and ill-treatment.
3. Regional complaints mechanisms
Three regional systems for the protection of human rights – the European, African and Inter-American
systems – have adopted a two-body mechanism for the examination of individual complaints, consisting
of a Commission and a Court.
The Commissions are quasi-judicial bodies, with the power to issue decisions and recommendations. The
Courts have the power to issue legally enforceable judgments. Reforms to the European system in 1999
mean that complaints in this jurisdiction are now made directly to the European Court of Human Rights.
Chapter 7: Cooperating with international mechanisms | 75