Part II: Preventing torture: NHRIs in action
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.
The Special Rapporteur also conducts annual thematic studies, contributes to the development of
international human rights standards relevant to torture and ill-treatment, and engages in advocacy
and public awareness activities.
Dialogue
The dialogue that the Special Rapporteur establishes with Governments is based on the following
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.
• Comments on legislation and policy are comments provided by the Special Rapporteur to
Governments on national laws, regulations and policies relevant to the mandate.
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.
In his 2016 Report to the Human Rights Council, the UN Special Rapporteur on Torture addressed
gendered perspectives on torture and other ill-treatment, assessing the applicability of the prohibition
of torture and other cruel, inhuman or degrading treatment or punishment in international law to the
unique experiences of women, girls and LGBTI persons.111
111
Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, UN Doc.
A/HRC/31/57, 5 January 2016
97
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