The mandate of the Special Rapporteur is based on the provisions contained in the International Bill of Human Rights and other United Nations that guarantee the right not to be tortured or subjected to cruel, inhuman or degrading treatment or punishment. All countries, irrespective of whether a State has ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, are covered by the mandate of the Special Rapporteur.
Its mandate comprises 3 main activities:
a)Urgent appeals: the Special Rapporteur transmits urgent appeals to States regarding individuals reported to be at risk of torture, as well as communications on past alleged cases of torture. Such concern may be based on witnesses’ account of the physical condition of the detained person, or on the fact that the person is kept incommunicado, which may be conducive to torture. The urgent appeal procedure is not per se accusatory, but essentially preventive in nature and purpose. The Government concerned is requested to look into the matter and take necessary steps to protect the rights to physical and mental integrity of the person, in accordance with the international human rights standards. The Special Rapporteur also urges Governments to investigate the allegations, prosecute and sanction any persons guilty of torture, to take measures to prevent the recurrence of such acts, and to compensate the victims or their relatives in accordance with international standards. The Special Rapporteur can also acknowledge the existence of persistent acts of violence committed by armed groups and transmit these allegations to the Governments.
b)Country visits: the Special Rapporteur undertakes visits to countries on invitation, but also take the initiative of approaching a with a view to carrying out visits to countries on which information indicating existence of a significant incidence of torture has been received. The aim of such visits is to enhance the dialogue with the authorities, the alleged victims, their families and representatives, and the concerned non-governmental organizations. Following the visits, the Special Rapporteur addresses detailed recommendations to Government. The Special Rapporteur also follows-up with countries in which visits have been carried out regarding the implementation of the recommendations.
c)Submitting annual reports on its activities, mandate and methods of work to the Human Rights Council and the General Assembly
Unlike the complaints mechanisms of the human rights treaty monitoring bodies, the Special Rapporteur does not require the exhaustion of domestic remedies to act. When the facts in question come within the scope of more than one mandate established by the Commission, the Special Rapporteur may decide to approach other thematic mechanisms and country rapporteurs with a view to sending joint communications or seeking joint missions.
The Special Rapporteur is also in contact with related United Nations bodies and mechanisms, such as the Committee against Torture and other organs of the Commission on Human Rights, the Board of Trustees of the United Nations Voluntary Fund for Victims of Torture and the Commission on Crime Prevention and Criminal Justice.
http://www.ohchr.org/EN/Issues/Torture/SRTorture/Pages/model.aspx
