A/HRC/22/34/
Governments extend a standing invitation to the Special Rapporteur on the situation of
human rights defenders and cooperate fully with her. Lastly, the Human Rights Council
should explore the possibility of using the general debate under item 5, to address the issue
of reprisals. The universal periodic review mechanism should also be considered in this
regard.
76.
Michel Forst stressed that the panel discussion had been a success on which future
discussions and action on this issue could be built. Responding to comments, he recalled
that special procedures mandate holders met regularly with a multitude of interlocutors –
such as civil society representatives, activists, policemen, judges and detainees – and
stressed that there was no hierarchy among them. One of the risks would indeed be to have
a specific category of defenders deserving special protection, and another that did not. All
persons had to be treated in the same manner and receive the same protection. In this
context, the proposal to have a mediator appointed by the United Nations was very
interesting, and Mr. Forst hoped that the idea could be discussed further. He supported the
idea of establishing national focal points. In this connection, he reiterated the view that
national human rights institutions could play a major role in the protection of individuals
who were subjected to threats and harassment, as well as in convincing States to put an end
to such harassment. Emphasizing that the recommendations made during the debate related
to practical as well as political measures, Mr. Forst stated that although practical measures,
such as shelter provision or emergency visas, were useful, political responses were even
more important because they could ensure that people who had been threatened could enjoy
the right to live peacefully in their country without threats, and also that the perpetrators of
such threats would be brought to justice.
77.
Claudio Grossman stated that he would report on the discussion to the meeting of
treaty bodies Chairpersons to examine how treaty bodies could address acts of reprisal or
intimidation further. In this context, he referred to the working group on reprisals
established by the Subcommittee on the Prevention of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, indicating that the possibility of creating a working
group for all treaty bodies could be considered. With regard to the question of whether new
legislation was needed, Mr. Grossman stated that some human rights instruments contained
specific articles requesting State parties to take all appropriate measures to ensure that
individuals under their jurisdiction were not subjected to ill-treatment or intimidation as a
consequence of communicating with the monitoring body of the said instrument. In reply to
comments that the information provided by human rights defenders was not always
accurate, he clarified that, if States felt accusations were unfounded, they should have the
opportunity to rebut them. The veracity of the information provided by those cooperating
with the United Nations was not, however, the issue to be considered in this context.
Whether the information provided by those cooperating with the Organization was correct
or not was not a reason to subject them to acts of reprisal, such as torture or assassination.
Their safety and the safety of their families should never be put in question. Mr. Grossman
reiterated his view that States should contemplate the idea of an internal focal point that
could act as an interlocutor should there be indices, suspicion or actions that could be
qualified as an act of reprisal. He concluded that greater harmonization and coordination
between various actors, particularly with regional organisations and bodies, should also be
pursued.
78.
Hassan Shire Sheikh Ahmed stated that the holding of the panel discussion was
extremely important and its outcome should be shared with all stakeholders to maximise
their cooperation and the impact of their respective actions. He reiterated the importance of
ensuring appropriate follow-up to cases of intimidation and reprisals. He highlighted the
commitments made by States and other stakeholders during the discussion and the need for
further cooperation among all actors. In this connection, cooperation with regional human
rights mechanisms should be explored further. He referred in particular to the mechanisms
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