Individual complaints

Some special procedures mechanisms intervene directly with Governments on specific allegations of violations of human rights that come within their mandates. The intervention can relate to a human rights violation that has already occurred, is ongoing, or which has a high risk of occurring. The process, in general, involves the sending of a letter to the concerned Government requesting information and comments on the allegation and that preventive or investigatory action be taken.

The decision to intervene is at the discretion of the special procedure mandate holder and will depend on the various criteria established by him or her. The criteria will generally relate to: the reliability of the source and the credibility of information received; the detail provided; and the scope of the mandate itself. However, it must be emphasized that the criteria and the procedure involved in responding to an individual complaint vary, so it is necessary to submit a complaint in accordance with the specific requirements established by each special procedure.

The following minimum information must be provided for all special procedures in order for the complaint to be assessed:

• Identification of the alleged victim(s);

• Identification of the alleged perpetrators of the violation;

• Identification of the person(s) or organization(s) submitting the communication (this information will be kept confidential);

• Date and place of incident

• A detailed description of the circumstances of the incident in which the alleged violation occurred.

Other details pertaining to the specific alleged violation may be required by the relevant thematic mandates (e.g. past and present places of detention of the victim; any medical certificate issued to the victim; identification of witnesses to the alleged violation; any measures undertaken to seek redress locally, etc.).

As a general rule, communications that contain abusive language or that are obviously politically motivated are not considered. Communications should describe the facts of the incident and the relevant details referred to above clearly and concisely.

To facilitate the examination of reported violations, questionnaires relating to several mandates are available to persons wishing to report cases of alleged violations. It should, however, be noted that communications are considered even when they are not submitted in the form of a questionnaire.

For specific information concerning the individual complaint procedures of each special procedure mandate please consult the thematic mandates or country mandates lists.

After consulting the requirements established by each mandate for the submission of individual complaints, a complaint can be submitted by fax to +41 22 917 90 06, by e-mail to urgent-action@ohchr.org, or by postal mail to:

OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
Switzerland

Please specify which special procedure mechanism the complaint is addressed to in the subject line of the e-mail or fax, or on the cover of the envelope.

Several other individual complaint mechanisms have been established as part of the international human rights system. For more information please visit the Communications/Complaints section.

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http://www.ohchr.org/english/bodies/chr/special/questionnaires.htm

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