A/HRC/5/21
page 42
interests of the United Nations, and with the objective of promoting and protecting
human rights, without seeking or accepting any instruction from any other party
whatsoever.”
Article 6 - Prerogatives
Without prejudice to prerogatives for which provision is made as part of their
mandate, the mandate-holders shall:
(a) Always seek to establish the facts, based on objective, reliable information
emanating from relevant credible sources, that they have duly cross-checked to the best
extent possible;
(b) Take into account in a comprehensive and timely manner, in particular
information provided by the State concerned on situations relevant to their mandate;
(c) Evaluate all information in the light of internationally recognized human rights
standards relevant to their mandate, and of international conventions to which the State
concerned is a party;
(d) Be entitled to bring to the attention of the Council any suggestion likely to
enhance the capacity of special procedures to fulfil their mandate.
Article 7 - Observance of the terms of the mandate
It is incumbent on the mandate-holders to exercise their functions in strict
observance of their mandate and in particular to ensure that their recommendations do not
exceed their mandate or the mandate of the Council itself.
Article 8 - Sources of information
In their information-gathering activities the mandate-holders shall:
(a) Be guided by the principles of discretion, transparency, impartiality, and
even-handedness;
(b) Preserve the confidentiality of sources of testimonies if their divulgation could
cause harm to individuals involved;
(c) Rely on objective and dependable facts based on evidentiary standards that are
appropriate to the non-judicial character of the reports and conclusions they are called
upon to draw up;
(d) Give representatives of the concerned State the opportunity of commenting on
mandate-holders’ assessment and of responding to the allegations made against this State,
and annex the State’s written summary responses to their reports.
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