PART III - RESPONDING TO THE INFORMATION COLLECTED

1. Introduction to possible courses of action

If effective remedies are available at the national level, you should try to use them first before turning to the international mechanisms. Possible remedies at the national level might include: criminal proceedings; civil proceedings; administrative proceedings; disciplinary proceedings or a claim for asylum.

When selecting a course of action at the international level, you should consider:

• The availability of the mechanism: is it open to you?
• The suitability of the mechanism: is it suited to your objectives?

2. What you should know about international reporting mechanisms and how to use them

The most common ways in which international reporting mechanisms carry out their functions are through:

• Monitoring
• The examination of state reports
• Fact-finding visits

The content and form of your submission will vary according to the functions of the mechanisms (See main text for suggestions), but all communications should be:

• Accessible
• Balanced and Credible
• Detailed

3. What you should know about international complaint procedures and how to use them

When considering an individual complaint, the relevant body asks two main questions:

• Is the body allowed to examine the complaint? This is the question of admissibility. If the body finds that the case is inadmissible (that it is not allowed to examine the complaint), the case is over and the facts are not examined. (See main text for reasons why a complaint might be declared inadmissible)
• Do the facts indicate that a violation of the state's obligations has occurred? This is called consideration of the merits of the case, and only happens if the case is found to be admissible.

A communication under an international complaint procedure should always include:

• A cover letter setting out a minimum number of details (See main text for suggestions)
• As much supporting documentation as possible (See main text for suggestions)

4. The mechanisms and procedures: United Nations

• The 1503 Procedure
• The Special Procedures of the UN Commission on Human Rights: Thematic and Country Rapporteurs
• The Committee Against Torture
• The Human Rights Committee
• The Committee on the Rights of the Child
• The Committee on the Elimination of Discrimination Against Women
• The Committee on the Elimination of Racial Discrimination

Relevant complaint procedures within the United Nations system are based on :

• The Convention Against Torture (implemented by the Committee Against Torture)
• The Optional Protocol of the ICCPR (implemented by the Human Rights Committee)
• The Convention on the Elimination of Racial Discrimination (implemented by the Committee on the Elimination of Racial Discrimination)

5. The mechanisms and procedures: regional

The relevant reporting mechanism within the European system is:

• The European Committee for the Prevention of Torture

The relevant complaint procedure within the European system is based on:

• The European Convention on Human Rights (implemented by the European Court of Human Rights)

AMERICAS:

The relevant reporting mechanism within the Inter-American system is:

• The Inter-American Commission on Human Rights

The relevant complaint procedure within the Inter-American system is based on:

• The American Convention on Human Rights or the American Declaration on the Rights and Duties of Man (implemented by the Inter-American Commission and Court of Human Rights)

AFRICA:

The relevant reporting mechanisms within the African system are:

• The African Commission on Human and Peoples' Rights
• The Special Rapporteur on Prisons and Conditions of Detention in Africa

The relevant complaint procedure within the African system is based on:

• The African Charter on Human and Peoples' Rights (implemented by the African Commission on Human and Peoples' Rights)

6. Where might you seek further help?

In such cases, organisations or bodies to which you may wish to turn might include: those which may take action themselves on the basis of your information or which may be able to provide you with advice and support; those which may be able to help with victim support or rehabilitation; and those where active lobbying may be effective.