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I. RELEVANT INTERNATIONAL LEGAL NORMS AND STANDARDS ISTANBUL PROTOCOL

States parties. The Committee can also receive recommendations made in visit reports; to study,
requests for urgent actions from the relatives in a comprehensive manner, trends, developments
of disappeared persons or their legal or other and challenges in relation to combating and
authorized representatives, as well as complaints preventing torture and ill-treatment, and make
from individuals claiming to be victims of a violation recommendations and observations concerning
of the rights enshrined in the Convention. appropriate measures to prevent and eradicate
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such practices; to identify, exchange and promote
(ii) Human Rights Council special procedures best practices on measures to prevent, punish and
eradicate torture and ill-treatment; to integrate a
34. The Human Rights Council is an intergovernmental gender perspective and a victim-centred approach
body responsible for promoting and protecting throughout the mandate; and to promote cooperation
international human rights and for taking with national, regional and international actors.
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action to address human rights violations.
39. In his 1995 report, the Special Rapporteur
35. The Council administers a system of special on torture, Sir Nigel Rodley, made a series
procedures of independent experts working of recommendations, including:
in their individual capacities with mandates
to report and advise on human rights from a When a detainee or relative or lawyer lodges
thematic or country-specific perspective. a torture complaint, an inquiry should always
take place. … Independent national authorities,
36. Special Rapporteurs investigate human rights such as a national commission or ombudsman
situations around the world from a thematic or with investigatory and/or prosecutorial powers,
country-specific perspective, regardless of a State’s should be established to receive and to investigate
ratification of relevant human rights treaties. complaints. Complaints about torture should be
dealt with immediately and should be investigated
37. Working groups transmit urgent appeals to by an independent authority with no relation
Governments, conduct visits to develop a to that which is investigating or prosecuting a
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comprehensive understanding of the prevailing case against the alleged victim [of torture].
situations relative to their mandates in countries,
provide deliberations on general issues to assist States 40. Sir Nigel Rodley later pointed out that “both under
in preventing violations and issue annual reports. general international law and under the Convention
against Torture and Other Cruel, Inhuman or
a. Special Rapporteur on torture and other cruel, Degrading Treatment or Punishment, States are obliged
inhuman or degrading treatment or punishment to investigate allegations of torture”. Subsequently,
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his successor, Manfred Nowak, noted, “one of the
38. The Special Rapporteur on torture and other cruel, major challenges in fighting impunity for torture is
inhuman or degrading treatment or punishment for the authorities to carry out effective investigations;
examines questions related to torture and other cruel, investigations that are independent, thorough and
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inhuman or degrading treatment or punishment. comprehensive.” To this end, the Special Rapporteur
Pursuant to Human Rights Council resolution 43/20, emphasized the importance of forensic medical
the Special Rapporteur on torture is mandated examiners in documenting and investigating torture
to seek, receive, examine and act on information and combating impunity, recommending that: “An
related to issues and alleged cases of torture or independent forensic expert should be part of any
ill-treatment; to conduct country visits to enhance credible fact-finding or prevention mechanism.” 66
dialogue with Governments and follow up on

61 CED/C/COL/CO/1, paras. 29–30 (agreeing with the Committee against Torture that the State should ensure immediate access to a lawyer and all associated safeguards
for persons deprived of their liberty as a way to prevent enforced disappearances); and A/HRC/45/13, paras. 61 (discussing allegations that victims of enforced
disappearances had been subjected to torture during disappearance and then reappeared in front of a prosecutor) and 93 (noting the relationship among enforced
disappearance, arbitrary detention and torture).
62 Mandate holders to date include: Peter Kooijmans (1985–1993), Nigel Rodley (1993–2001), Theo van Boven (2001–2004), Manfred Nowak (2004–2010), Juan E.
Méndez (2010–2016) and Nils Melzer (2016–2022).
63 E/CN.4/1995/34, para. 926 (g).
64 E/CN.4/1996/35, para. 136.
65 A/62/221, para. 46.
66 Ibid., para. 53 (e).

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