A/HRC/10/24
page 27
How: By written communication directly to the Chairperson of the Special Procedures
Coordination Committee. The communication must be signed, dated and contain the information
necessary to contact the author of the communication. If the subject of the communication relates
to a specific event or activity, the communication must be timely. Substantial delay may make
fair consideration of the matter impossible or moot.
Review procedure: When a communication is received, the Chairperson will first review
it for the purpose of determining whether (a) appropriate corrective action has been or can be
taken without the necessity for a broader inquiry; (b) intervening events have made action on the
communication unnecessary; (c) the basis of the communication is directly related to substantive
determinations made by a mandate-holder within the scope of their mandate; (d) the situation
described in the communication is on its face either clearly irreproachable or plainly without
veracity and/or any other reason that review of the matter should be deemed inappropriate
a priori. If any of these apply, then the Chairperson will communicate the same to the author of
the communication orally or in writing.
If none of the above descriptions apply, and if the communication relates to the conduct of
an individual mandate-holder, the Chairperson will forward the communication to the
mandate-holder and request a response. That response and the original communication will then
be distributed to the entire Coordination Committee. If the communication is of a more general
nature, it will be immediately distributed to the other members of the Coordination Committee
for their consideration and comment.
When the matter under consideration is the conduct of an individual mandate-holder, the
communication and the subsequent procedure must be treated as a matter of utmost
confidentiality. However, the Chairperson may communicate orally or in writing with the author
of the communication, the subject mandate-holder and other stakeholders who may have
knowledge of the matter, and may review any relevant documents. Neither the Chairperson nor
the Committee will undertake to make findings of fact about any matter that is reasonably in
dispute.
Outcomes: In addressing matters brought before it as communications, the Committee will
be guided solely by its interest in preserving and strengthening the system of special procedures
based on integrity, independence and impartiality. The powers of the Committee are limited by
its mandate to enhance and facilitate the work of mandate-holders.
In addressing communications, then, the Committee may undertake one or more of the
following actions: prepare a guidance note that will be distributed to all mandate-holders and the
author of the communication, which sets forth the relevant issues and facts, an explanation of the
thinking of the Committee on the matter and, where necessary, a recommendation that the
manual be amended to give guidance to all mandate-holders on how such situations might best
be handled in the future. The guidance note will not include the name of the author of the
communication or of the subject mandate-holder, if individual conduct is in question.
Recommended changes to the manual will be vetted by the entire body of special procedures.
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