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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