Selected Abbreviations = i
Index of Tables = ii
Glossary of Specialised Terms = iii
PART I - PRELIMINARY MATTERS = 1
1. INTRODUCTION = 3
2. HOW TO USE THIS HANDBOOK = 5
2.1. Outline of core chapters= 5
2.2. Terminology = 6
2.3. Essential policy issues = 7
3. SETTING THE CONTEXT = 9
3.1. Introduction = 9
3.2. What can you hope to achieve by reporting allegations of torture? = 9
3.2.1. Draw attention to a situation/establish a pattern of violations = 9
3.2.2. Seek positive changes in a general situation = 10
3.2.3. Combat impunity = 10
3.2.4. Seek a remedy for an individual victim = 10
3.2.4.1. A finding of violation = 10
3.2.4.2. Holding perpetrators to account = 11
3.2.4.3. Reparation = 11
3.2.4.4. Preventing the deportation of an individual to a country where he or she would be at risk of torture = 11
3.3. What is torture? = 11
3.3.1. Introduction = 11
3.3.2. What does international law say about the meaning of torture? = 12
3.3.3. What does this mean in practical terms? = 13
3.3.3.1. Essential elements = 13
3.3.3.2. Degree of suffering = 13
3.3.4. Conclusion: what is torture? = 15
3.4. How does torture happen? = 15
3.4.1. Who are the perpetrators? = 15
3.4.2. Who are the victims? = 16
3.4.3. Where is torture most likely to occur? = 17
3.4.4. When is torture most likely to occur? = 17
3.5. In what contexts might you receive or obtain allegations of torture? = 18
3.6. Can allegations be made against non-governmental actors? = 21
3.6.1. Can action be taken under human rights law? = 21
3.6.2. Do other types of law prohibiting torture apply to non-governmental actors? = 22
3.6.2.1. International law of armed conflict = 22
3.6.2.2. Crimes against humanity = 22
3.6.2.3. National law = 23
3.6.3. Conclusion: how can you use information alleging torture by non-governmental actors? = 23
PART II - DOCUMENTING ALLEGATIONS = 27
1. INTRODUCTION = 29
2. BASIC PRINCIPLES OF DOCUMENTATION = 30
2.1. Why do these principles matter? = 30
2.2. What does good quality information consist of? = 30
2.3. What can you do to maximise the accuracy and reliability of information? = 31
3. INTERVIEWING THE PERSON ALLEGING TORTURE = 33
3.1. Introduction = 33
3.2. General considerations = 33
3.3. Conducting the interview = 34
3.3.1. Before you start = 34
3.3.2. How should you begin the interview? = 34
3.3.3. Should you keep notes of the interview? = 34
3.3.4. By whom should the interview be conducted? = 34
3.3.5. Are there any special considerations to keep in mind when using interpreters? = 35
3.3.6. What can you do to make the interviewee feel more at ease? = 35
3.3.7. How can you deal with people who are too afraid to talk? = 35
3.3.8. Are there any special considerations to keep in mind when conducting interviews in prisons or other places of group custody? = 36
3.3.9. How can you address the sensitivity of the subject-matter? = 36
3.3.10. What can you do to maximise the reliability of information? = 37
3.3.11. Are there any special gender considerations to take into account when selecting an interviewer or interview team? = 37
3.3.12. Are there any special considerations to take into account when interviewing children? = 37
4. INFORMATION WHICH SHOULD BE RECORDED = 38
4.1. Model information = 38
4.1.1. What kind of details do you need in order to answer these basic questions? = 38
4.1.2. What can you do to obtain these details without influencing the content of the account? = 42
4.2. Specific contexts = 45
5. EVIDENCE = 47
5.1. Medical evidence = 47
5.1.1. Physical evidence = 48
5.1.2. Psychological evidence = 49
5.2. Statement of person making allegation = 49
5.3. Witness evidence = 50
5.4. Other types of evidence = 51
PART III - RESPONDING TO THE INFORMATION COLLECTED = 55
1. INTRODUCTION TO POSSIBLE COURSES OF ACTION = 57
1.1. Action at the international level = 57
1.1.1. Range of international procedures = 57
1.1.1.1. Origin of the mechanism = 58
1.1.1.2. Functions of the mechanism = 59
1.1.2. How to select an international procedure = 61
1.1.2.1. Availability: which mechanisms are open to you? = 61
1.1.2.2. Suitability: which mechanisms are most suited to your objectives? = 62
1.2. Action at the national level = 62
1.2.1. Criminal proceedings = 62
1.2.2. Civil proceedings = 63
1.2.3. Administrative proceedings = 63
1.2.4. Disciplinary proceedings = 63
1.2.5. Asylum claims = 63
1.2.6. Exceptional remedies = 64
1.2.7. Other procedures = 64
2. WHAT YOU SHOULD KNOW ABOUT INTERNATIONAL REPORTING MECHANISMS AND HOW TO USE THEM = 65
2.1. What kind of general characteristics should your communication have? = 65
2.1.1. Accessible = 66
2.1.2. Balanced and Credible = 67
2.1.3. Detailed = 67
2.2. Submitting information to a body engaged in monitoring: what should your communication include? = 68
2.2.1. Sending general information to a monitoring body = 68
2.2.2. Sending an individual allegation to a monitoring body = 69
2.3. Submitting information in the context of the state reporting procedure = 71
2.3.1. How does the state reporting procedure work? = 71
2.3.2. What can you achieve by submitting information in the context of the state reporting procedure? = 71
2.3.3. What should an NGO report in the context of the state reporting procedure contain? = 72
2.3.4. Practical tips for submitting information in the context of the state reporting procedure = 73
2.4. Submitting information to a body engaged in fact-finding = 74
2.4.1. Submitting information in advance of a fact-finding visit = 74
2.4.2. Submitting information during a fact-finding visit = 75
3. WHAT YOU SHOULD KNOW ABOUT INTERNATIONAL COMPLAINT PROCEDURES AND HOW TO USE THEM = 76
3.1. What can you seek to achieve by using individual complaint procedures? = 76
3.2. What kind of complaints can individual complaint procedures examine? = 76
3.3. How do individual complaint procedures work? = 78
3.3.1. Basic chronology = 78
3.3.2. Admissibility = 78
3.3.2.1. What is admissibility? = 78
3.3.2.2. Why might a complaint be declared inadmissible? = 79
3.3.3. Amicus curiae briefs/Third party interventions = 81
3.3.4. Provisional measures = 82
3.4. What should an application under an individual complaint procedure contain? = 82
3.5. Practical tips for using individual complaint procedures = 83
4. THE MECHANISMS AND PROCEDURES: UNITED NATIONS = 84
4.1. Introduction to the United Nations system = 84
4.2. Reporting mechanisms within the United Nations system = 84
4.2.1. The United Nations Non-Treaty Procedures = 84
4.2.1.1. The 1503 Procedure = 85
4.2.1.1.1. How does the 1503 Procedure work? = 85
4.2.1.1.2. What can you achieve by submitting information to the 1503 Procedure? = 87
4.2.1.1.3. What should a communication to the 1503 Procedure contain? = 88
4.2.1.1.4. Specific tips = 89
4.2.1.2. The Special Procedures of the UN Commission on Human Rights = 89
4.2.1.2.1. Thematic Rapporteurs and Working Groups = 90
4.2.1.2.2. Special Rapporteur on Torture = 92
4.2.1.2.3. Country Rapporteurs = 95
4.2.2. The United Nations Treaty Bodies = 95
4.2.2.1. Committee Against Torture = 96
4.2.2.1.1. How does the Committee Against Torture work? = 96
4.2.2.1.2. What can you achieve by submitting information to the Committee Against Torture? = 97
4.2.2.1.3. What should a communication to the Committee Against Torture contain? = 97
4.2.2.1.4. Specific tips = 98
4.2.2.2. Human Rights Committee = 99
4.2.2.2.1. How does the Human Rights Committee work? = 99
4.2.2.2.2. Specific tips = 100
4.2.2.3. Other Committees = 100
4.2.2.3.1. Specific tips = 101
4.3. Complaint procedures within the United Nations system = 102
4.3.1. The Committee Against Torture = 102
4.3.1.1. What kind of complaints can it examine? = 103
4.3.1.2. What are the admissibility requirements? = 103
4.3.1.3. Specific tips = 103
4.3.2. Human Rights Committee = 104
4.3.2.1. What are the admissibility requirements? = 105
4.3.2.2. Specific tips = 105
4.3.3. Other Committees = 106
4.3.3.1. What are the admissibility requirements? = 106
4.3.3.2. Specific tips = 106
5. THE MECHANISMS AND PROCEDURES: REGIONAL = 108
5.1. The European System = 108
5.1.1. Reporting Mechanism: The European Committee for the Prevention of Torture = 108
5.1.1.1. How does the European Committee for the Prevention of Torture work? = 108
5.1.1.2. What can you achieve by submitting information to the Committee for the Prevention of Torture? = 110
5.1.1.3. What should a communication to the Committee for the Prevention of Torture contain? = 111
5.1.1.4. Specific tips = 112
5.1.2. Complaint Procedure: The European Convention on Human Rights = 113
5.1.2.1. What are the admissibility requirements? = 113
5.1.2.2. What should your application contain? = 113
5.1.2.3. Specific tips = 115
5.2. The Inter-American System = 116
5.2.1. Reporting Mechanism: The Inter-American Commission on Human Rights = 117
5.2.1.1. How does the Inter-American Commission on Human Rights work? = 117
5.2.1.2. What can you achieve by submitting information to the Inter-American Commission on Human Rights? = 118
5.2.1.3. What should a communication to the Inter-American Commission on Human Rights contain? = 118
5.2.2. Complaint Procedure: the Inter-American Commission and Court of Human Rights = 118
5.2.2.1. What can you achieve by using this procedure? = 120
5.2.2.2. What kind of complaints can be examined? = 120
5.2.2.3. What are the admissibility requirements? = 121
5.2.2.4. Specific tips = 121
5.3. The African System = 122
5.3.1. Reporting Mechanisms = 122
5.3.1.1. African Commission on Human and Peoples’ Rights = 122
5.3.1.1.1. Functions = 122
5.3.1.1.2. Specific tips = 123
5.3.1.2. Special Rapporteur on Prisons and Conditions of Detention in Africa = 123
5.3.2. Complaint Procedure: The African Commission on Human and Peoples’ Rights = 124
5.3.2.1. What are the admissibility requirements? = 125
5.3.2.2. Specific tips = 125
5.4. Other Regions = 126
6. COMPARATIVE EVALUATION TABLES OF THE INTERNATIONAL PROCEDURES = 127
7. WHERE MIGHT YOU SEEK FURTHER HELP? = 132
7.1. Why might you wish to seek further help? = 132
7.2. Some specific sources of help = 133
7.2.1. International Committee of the Red Cross = 133
7.2.2. UN High Commissioner for Refugees = 133
7.2.3. Field missions and visits = 134
7.2.4. International and national or local NGOs, and other support organisations = 134
7.2.5. UN Voluntary Fund for the Victims of Torture = 134
7.2.6. Lobbying = 134
APPENDICES = 137
1. APPENDIX I - LIST OF RELEVANT INSTRUMENTS = 139
2. APPENDIX II - CONTACT DETAILS AND OBTAINING FURTHER INFORMATION = 142
3. APPENDIX III - STANDARD APPLICATION FORMS = 150
4. APPENDIX IV - BODY DIAGRAMS = 153
Index of Tables = ii
Glossary of Specialised Terms = iii
PART I - PRELIMINARY MATTERS = 1
1. INTRODUCTION = 3
2. HOW TO USE THIS HANDBOOK = 5
2.1. Outline of core chapters= 5
2.2. Terminology = 6
2.3. Essential policy issues = 7
3. SETTING THE CONTEXT = 9
3.1. Introduction = 9
3.2. What can you hope to achieve by reporting allegations of torture? = 9
3.2.1. Draw attention to a situation/establish a pattern of violations = 9
3.2.2. Seek positive changes in a general situation = 10
3.2.3. Combat impunity = 10
3.2.4. Seek a remedy for an individual victim = 10
3.2.4.1. A finding of violation = 10
3.2.4.2. Holding perpetrators to account = 11
3.2.4.3. Reparation = 11
3.2.4.4. Preventing the deportation of an individual to a country where he or she would be at risk of torture = 11
3.3. What is torture? = 11
3.3.1. Introduction = 11
3.3.2. What does international law say about the meaning of torture? = 12
3.3.3. What does this mean in practical terms? = 13
3.3.3.1. Essential elements = 13
3.3.3.2. Degree of suffering = 13
3.3.4. Conclusion: what is torture? = 15
3.4. How does torture happen? = 15
3.4.1. Who are the perpetrators? = 15
3.4.2. Who are the victims? = 16
3.4.3. Where is torture most likely to occur? = 17
3.4.4. When is torture most likely to occur? = 17
3.5. In what contexts might you receive or obtain allegations of torture? = 18
3.6. Can allegations be made against non-governmental actors? = 21
3.6.1. Can action be taken under human rights law? = 21
3.6.2. Do other types of law prohibiting torture apply to non-governmental actors? = 22
3.6.2.1. International law of armed conflict = 22
3.6.2.2. Crimes against humanity = 22
3.6.2.3. National law = 23
3.6.3. Conclusion: how can you use information alleging torture by non-governmental actors? = 23
PART II - DOCUMENTING ALLEGATIONS = 27
1. INTRODUCTION = 29
2. BASIC PRINCIPLES OF DOCUMENTATION = 30
2.1. Why do these principles matter? = 30
2.2. What does good quality information consist of? = 30
2.3. What can you do to maximise the accuracy and reliability of information? = 31
3. INTERVIEWING THE PERSON ALLEGING TORTURE = 33
3.1. Introduction = 33
3.2. General considerations = 33
3.3. Conducting the interview = 34
3.3.1. Before you start = 34
3.3.2. How should you begin the interview? = 34
3.3.3. Should you keep notes of the interview? = 34
3.3.4. By whom should the interview be conducted? = 34
3.3.5. Are there any special considerations to keep in mind when using interpreters? = 35
3.3.6. What can you do to make the interviewee feel more at ease? = 35
3.3.7. How can you deal with people who are too afraid to talk? = 35
3.3.8. Are there any special considerations to keep in mind when conducting interviews in prisons or other places of group custody? = 36
3.3.9. How can you address the sensitivity of the subject-matter? = 36
3.3.10. What can you do to maximise the reliability of information? = 37
3.3.11. Are there any special gender considerations to take into account when selecting an interviewer or interview team? = 37
3.3.12. Are there any special considerations to take into account when interviewing children? = 37
4. INFORMATION WHICH SHOULD BE RECORDED = 38
4.1. Model information = 38
4.1.1. What kind of details do you need in order to answer these basic questions? = 38
4.1.2. What can you do to obtain these details without influencing the content of the account? = 42
4.2. Specific contexts = 45
5. EVIDENCE = 47
5.1. Medical evidence = 47
5.1.1. Physical evidence = 48
5.1.2. Psychological evidence = 49
5.2. Statement of person making allegation = 49
5.3. Witness evidence = 50
5.4. Other types of evidence = 51
PART III - RESPONDING TO THE INFORMATION COLLECTED = 55
1. INTRODUCTION TO POSSIBLE COURSES OF ACTION = 57
1.1. Action at the international level = 57
1.1.1. Range of international procedures = 57
1.1.1.1. Origin of the mechanism = 58
1.1.1.2. Functions of the mechanism = 59
1.1.2. How to select an international procedure = 61
1.1.2.1. Availability: which mechanisms are open to you? = 61
1.1.2.2. Suitability: which mechanisms are most suited to your objectives? = 62
1.2. Action at the national level = 62
1.2.1. Criminal proceedings = 62
1.2.2. Civil proceedings = 63
1.2.3. Administrative proceedings = 63
1.2.4. Disciplinary proceedings = 63
1.2.5. Asylum claims = 63
1.2.6. Exceptional remedies = 64
1.2.7. Other procedures = 64
2. WHAT YOU SHOULD KNOW ABOUT INTERNATIONAL REPORTING MECHANISMS AND HOW TO USE THEM = 65
2.1. What kind of general characteristics should your communication have? = 65
2.1.1. Accessible = 66
2.1.2. Balanced and Credible = 67
2.1.3. Detailed = 67
2.2. Submitting information to a body engaged in monitoring: what should your communication include? = 68
2.2.1. Sending general information to a monitoring body = 68
2.2.2. Sending an individual allegation to a monitoring body = 69
2.3. Submitting information in the context of the state reporting procedure = 71
2.3.1. How does the state reporting procedure work? = 71
2.3.2. What can you achieve by submitting information in the context of the state reporting procedure? = 71
2.3.3. What should an NGO report in the context of the state reporting procedure contain? = 72
2.3.4. Practical tips for submitting information in the context of the state reporting procedure = 73
2.4. Submitting information to a body engaged in fact-finding = 74
2.4.1. Submitting information in advance of a fact-finding visit = 74
2.4.2. Submitting information during a fact-finding visit = 75
3. WHAT YOU SHOULD KNOW ABOUT INTERNATIONAL COMPLAINT PROCEDURES AND HOW TO USE THEM = 76
3.1. What can you seek to achieve by using individual complaint procedures? = 76
3.2. What kind of complaints can individual complaint procedures examine? = 76
3.3. How do individual complaint procedures work? = 78
3.3.1. Basic chronology = 78
3.3.2. Admissibility = 78
3.3.2.1. What is admissibility? = 78
3.3.2.2. Why might a complaint be declared inadmissible? = 79
3.3.3. Amicus curiae briefs/Third party interventions = 81
3.3.4. Provisional measures = 82
3.4. What should an application under an individual complaint procedure contain? = 82
3.5. Practical tips for using individual complaint procedures = 83
4. THE MECHANISMS AND PROCEDURES: UNITED NATIONS = 84
4.1. Introduction to the United Nations system = 84
4.2. Reporting mechanisms within the United Nations system = 84
4.2.1. The United Nations Non-Treaty Procedures = 84
4.2.1.1. The 1503 Procedure = 85
4.2.1.1.1. How does the 1503 Procedure work? = 85
4.2.1.1.2. What can you achieve by submitting information to the 1503 Procedure? = 87
4.2.1.1.3. What should a communication to the 1503 Procedure contain? = 88
4.2.1.1.4. Specific tips = 89
4.2.1.2. The Special Procedures of the UN Commission on Human Rights = 89
4.2.1.2.1. Thematic Rapporteurs and Working Groups = 90
4.2.1.2.2. Special Rapporteur on Torture = 92
4.2.1.2.3. Country Rapporteurs = 95
4.2.2. The United Nations Treaty Bodies = 95
4.2.2.1. Committee Against Torture = 96
4.2.2.1.1. How does the Committee Against Torture work? = 96
4.2.2.1.2. What can you achieve by submitting information to the Committee Against Torture? = 97
4.2.2.1.3. What should a communication to the Committee Against Torture contain? = 97
4.2.2.1.4. Specific tips = 98
4.2.2.2. Human Rights Committee = 99
4.2.2.2.1. How does the Human Rights Committee work? = 99
4.2.2.2.2. Specific tips = 100
4.2.2.3. Other Committees = 100
4.2.2.3.1. Specific tips = 101
4.3. Complaint procedures within the United Nations system = 102
4.3.1. The Committee Against Torture = 102
4.3.1.1. What kind of complaints can it examine? = 103
4.3.1.2. What are the admissibility requirements? = 103
4.3.1.3. Specific tips = 103
4.3.2. Human Rights Committee = 104
4.3.2.1. What are the admissibility requirements? = 105
4.3.2.2. Specific tips = 105
4.3.3. Other Committees = 106
4.3.3.1. What are the admissibility requirements? = 106
4.3.3.2. Specific tips = 106
5. THE MECHANISMS AND PROCEDURES: REGIONAL = 108
5.1. The European System = 108
5.1.1. Reporting Mechanism: The European Committee for the Prevention of Torture = 108
5.1.1.1. How does the European Committee for the Prevention of Torture work? = 108
5.1.1.2. What can you achieve by submitting information to the Committee for the Prevention of Torture? = 110
5.1.1.3. What should a communication to the Committee for the Prevention of Torture contain? = 111
5.1.1.4. Specific tips = 112
5.1.2. Complaint Procedure: The European Convention on Human Rights = 113
5.1.2.1. What are the admissibility requirements? = 113
5.1.2.2. What should your application contain? = 113
5.1.2.3. Specific tips = 115
5.2. The Inter-American System = 116
5.2.1. Reporting Mechanism: The Inter-American Commission on Human Rights = 117
5.2.1.1. How does the Inter-American Commission on Human Rights work? = 117
5.2.1.2. What can you achieve by submitting information to the Inter-American Commission on Human Rights? = 118
5.2.1.3. What should a communication to the Inter-American Commission on Human Rights contain? = 118
5.2.2. Complaint Procedure: the Inter-American Commission and Court of Human Rights = 118
5.2.2.1. What can you achieve by using this procedure? = 120
5.2.2.2. What kind of complaints can be examined? = 120
5.2.2.3. What are the admissibility requirements? = 121
5.2.2.4. Specific tips = 121
5.3. The African System = 122
5.3.1. Reporting Mechanisms = 122
5.3.1.1. African Commission on Human and Peoples’ Rights = 122
5.3.1.1.1. Functions = 122
5.3.1.1.2. Specific tips = 123
5.3.1.2. Special Rapporteur on Prisons and Conditions of Detention in Africa = 123
5.3.2. Complaint Procedure: The African Commission on Human and Peoples’ Rights = 124
5.3.2.1. What are the admissibility requirements? = 125
5.3.2.2. Specific tips = 125
5.4. Other Regions = 126
6. COMPARATIVE EVALUATION TABLES OF THE INTERNATIONAL PROCEDURES = 127
7. WHERE MIGHT YOU SEEK FURTHER HELP? = 132
7.1. Why might you wish to seek further help? = 132
7.2. Some specific sources of help = 133
7.2.1. International Committee of the Red Cross = 133
7.2.2. UN High Commissioner for Refugees = 133
7.2.3. Field missions and visits = 134
7.2.4. International and national or local NGOs, and other support organisations = 134
7.2.5. UN Voluntary Fund for the Victims of Torture = 134
7.2.6. Lobbying = 134
APPENDICES = 137
1. APPENDIX I - LIST OF RELEVANT INSTRUMENTS = 139
2. APPENDIX II - CONTACT DETAILS AND OBTAINING FURTHER INFORMATION = 142
3. APPENDIX III - STANDARD APPLICATION FORMS = 150
4. APPENDIX IV - BODY DIAGRAMS = 153