A/HRC/43/51/Add.3
15.
It includes information that is both required and desirable in order for experts to
properly examine a case and take action as needed. If it is not possible to complete the form
online, the submission can be sent via e-mail to urgent-action@ohchr.org. Post submissions
may be sent to OHCHR-UNOG, 8-14 Avenue de la Paix, 1211 Genève 10, Switzerland. In
order to keep track of submissions, it is advised to use the online form.
What happens with a submission?
16.
When received, information is screened and directed to concerned Special Procedures
mandates. If information has been submitted through the online form or by e-mail, an
automatic acknowledgement confirming that submission has been received will follow. This
does not mean that experts have taken action on the submission.
17.
If one or more expert(s) send(s) a communication on the basis of a submission, the
person who made the submission will not be notified, as this information remains confidential
until the communication is published in one of the three reports compiling the
communications to the Human Rights Council each year.
18.
For more information on these reports please see:
http://www.ohchr.org/EN/HRBodies/SP/Pages/CommunicationsreportsSP.aspx
19.
Subsequent to the submission of an allegation, it is essential to keep the mandate
holder updated by sending on information of any positive or negative developments which
may occur and which bring about a change in the situation of the victim(s).
Consent and confidentiality
20.
Because communications are aimed at soliciting a response on the measures taken to
stop, investigate the violations, punish those responsible and provide remedies to victims,
these have to be as comprehensive, detailed and precise as possible. Therefore,
communications sent to a Government or an inter-governmental organisation, a business, a
military or a security company, will by default include the name(s) of the alleged victim(s).
However, if the victim(s) or her/his/their representatives make(s) it clear in the submission
that concerns relating to the security of the alleged victim(s) exist(s), the experts may
exceptionally decide to withhold the victims’ names from the communication.
21.
Reports compiling communications sent and responses received are published in a
report prepared for each session of the Human Rights Council. These reports contain the
letters sent by the experts, including the names of the alleged victims – except alleged victims
under 18 years of age or alleged victims of sexual violence, whose names are not published.
If it is clear from the submission that concerns relating to the security of the alleged victim(s)
exist, the report will not mention the victim(s) by name.
22.
The identity of the source of information on the alleged violation is always kept
confidential. When submitting information, the source may indicate whether there are any
other details that should remain confidential. It is extremely important that alleged victims
and/or their families or representatives indicate in their submissions whether they DO or DO
NOT consent that:
• the names of the victims be disclosed in the communications to Governments,
intergovernmental organisations, businesses, military or security companies.
• the names of the victims appear in a public report to the Human Rights Council.
What are the criteria applied to act on a submission?
23.
The experts will decide whether she/he will take action on a given submission, on the
basis of the information received and the scope of her/his mandate. This decision depends
also on criteria laid down in the Code of Conduct for the experts (“Code of conduct of the
A/HRC/40/60/Add.1
Special Procedures mandate-holders of the Human Rights Council”, Human Rights Council
resolution 5/2):
• the communication should not be manifestly unfounded or politically motivated;
107
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