Part II Preventing torture: NHRIs in action | Section III Acting as a control mechanism
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.
Following a 2006 visit to Paraguay, which included a meeting with the Ombudsman (Defensor
del Pueblo), the Special Rapporteur issued the following recommendation: “The Office of the
Ombudsman is encouraged to assume a more proactive role in the probe of torture allegations and
initiation of prosecutions of those responsible, as well as ensuring victims’ right to compensation.
The Special Rapporteur emphasizes the importance of the Office’s independence when it comes
to human rights protection, and calls upon all actors involved to comply with this requirement”
(A/HRC/7/3/Add.3).
2.2. Universal periodic review
2.2.1. The UPR procedure
The UPR is a new mechanism, in operation since 2008, which examines the human rights records of all
United Nations Member States once every four years.
The review is based on three types of information:
• a report submitted by the State, in writing and oral presentation
• a compilation of all United Nations and treaty body documents, comments and recommendations
regarding the State, which is prepared by the Office of the United Nations High Commissioner for
Human Rights (OHCHR)
• a summary of credible and reliable information provided by national stakeholders such as NHRIs,
NGOs, civil society groups and academic institutions, which is also prepared by OHCHR.
Each State is reviewed during a three-hour session of a working group of the Human Rights Council,
consisting of all 47 Member States of the Council. The review takes the form of an interactive dialogue
between the State delegation and the members of the Council, as well as any other State. The review
addresses a broad range of human rights topics and can include discussion of the State’s laws, policies
and practices in relation to torture and other forms of ill-treatment.
A report is then prepared by a troika of three Member States of the Council and discussed in a half-hour
session of the working group. The report of the working group is then adopted by the Human Rights
Council during its next session, following a one-hour discussion in a plenary meeting of the Council.
Chapter 7: Cooperating with international mechanisms | 73
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