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7.1
Why might you wish to seek further help?
- 7.2 Some specific sources of help |
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Formal procedures before international mechanisms set up for the sole purpose of assessing whether or not states are respecting their obligations under international law are not by any means the only form of help to which you may turn in response to allegations of torture. There are a number of reasons why you may wish to seek assistance from a different source, either in addition to, or instead of, resorting to a formal procedure.
Table 39: Possible Sources of Help
| Type of help | Possible source (See Appendix 2 for further details) |
| Organisations which may take action themselves on the basis of your information |
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| Organisations which may be able to provide advice and support |
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| Organisations which may be able to help with victim support and rehabilitation |
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| Organisations or bodies where active lobbying may be effective |
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The International Committee of the Red Cross (ICRC) is a neutral and independent organisation which acts primarily in the context of armed conflict, but also in situations of violence and political unrest. Its headquarters are based in Geneva, Switzerland, but it has field delegations in many countries where its activities are required, usually through an agreement with the governing authorities. One of its functions in these contexts is to act as a neutral intermediary between detainees and their detaining authorities. Its representatives carry out visits to places of detention where persons are held in connection with the conflict or unrest, and examine the conditions of detention and treatment and interview detainees about their experiences in detention. They require access to all places of detention where detainees falling within their field of activity are kept, as well as the opportunity to interview the detainees themselves in private and without witnesses. In return, they maintain absolute confidentiality about what they observe during such visits. Because of its special mandate and methods of work, the ICRC is often able to gain access to places of detention which others cannot visit.
The ICRC has its own network and personnel, and functions independently of other organisations. Nonetheless, it is willing to receive information about patterns of violation or enquiries about specific detainees or missing persons which it may be in a position to follow up. It prefers to receive such information directly from relatives, but will accept it from NGOs on the understanding that the confidentiality protecting its work means that the NGO should not expect to receive feedback on any action taken. In the case of missing or disappeared persons, it may send a response to the family. In general, it will seek to make direct contact with the family before it decides to take action. Its guiding principle is that any action it takes is on behalf and in the name of the detainees themselves, not of other organisations.
If information is passed on to the ICRC, it should be as detailed as possible about the arrest and detention. As a general rule, the ICRC will tend to act more readily in cases indicating a pattern than in individual cases.
The UN High Commissioner for Refugees (UNHCR) acts to protect and provide assistance to persons who have fled their country because of a well-founded fear of persecution and cannot or do not want to return (refugees), as well as other groups in similar situations, such as persons displaced within their own countries (IDPs) and victims of civil war.
One of the ways in which it carries out these functions is through a network of personnel throughout the world, based in diverse locations where persons falling within their mandate may be found, including capital cities, remote refugee or IDP camps, and along border areas. Their purpose is essentially to protect and minimise the risk of attacks on refugee and IDP groups and camps, and to identify and address the causes of displacement in specific situations. In this context, it is extremely relevant to inform them of: 1) any ill-treatment of refugees and IDPs in their place of origin or during transit, and 2) any ill-treatment of refugees and IDPs within their camps.
Both intergovernmental organisations, such as the OSCE and the UN, and international non-governmental organisations may establish field missions or carry out field visits. These may be either standing (ongoing) or ad hoc (in response to a specific event or situation). Most are designed to monitor and collect information about the situation, and rely heavily on the supply of information from various sources.
The range of international and national NGOs is enormous. An initial point of contact could be a large national NGO with experience. This is often the best way to find out basic information about domestic remedies or on the treaties to which the state is party. International NGOs can provide invaluable assistance, either by taking responsibility for transmitting allegations or by advising you on how to go about it. A particularly useful form of international NGO is the 'umbrella organisation'. These are NGOs which act as a central point of contact for a network of smaller national NGOs. In general, in order to apply to become part of a network, national NGOs will be asked to explain their objectives, working methods etc., and should be able to show that both they and their information are reliable. See Appendix 2 for examples of such organisations.
Assistance and support can also be obtained from professional organisations and support networks. See Appendix 2 for examples of such organisations.
The UN Voluntary Fund for the Victims of Torture was set up for the purpose of distributing funding to NGOs providing medical, psychological, legal, social, financial, humanitarian and other assistance to victims of torture and their families. Any NGO wishing to set up such a project can apply to the fund for a grant. An application form must be completed providing detailed information about the proposed project, and the organisation will be expected to report back on the use to which the grant was put. Applications are due in by 31 December each year and the funds are distributed approximately six months later. See Appendix 2 for details.
There is no substitute for public opinion when it comes to seeking change. There is no doubt that persistent lobbying can help to shine a spotlight on human rights abuses. Among the most important lobbying is that which takes place in Geneva during sessions of the UN Commission on Human Rights and the Sub-Commission on the Protection and Promotion of Human Rights. Lobbying of state representatives and members can make the difference between an agenda item being dropped or a resolution condemning a state being adopted. If you would like to be involved, you are advised to contact a Geneva-based NGO which will be able to help you and provide information on applying for permission to attend the sessions and how to make a written or oral submission. See Appendix 2 for contacts.
Other fora where active lobbying on human rights issues takes place include the political organs of international organisations, e.g. the European Parliament, and governmental representatives (not necessarily your own), particularly those of influential states.
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| 7.1
Why might you wish to seek further help?
- 7.2 Some specific sources of help |
|||