A/HRC/22/34/
national human rights institutions. In that context, he recalled the deep emotion and
indignation among mandate holders when certain cases were discussed. These cases were
known and had been reported on in the reports of special procedures mandate holders, the
report of the Secretary-General and communications from non-governmental organizations.
Special procedures mandate holders noted that it was primarily the responsibility of States
to respond to allegations of threats and to take steps to protect witnesses. On too many
cases, the impression was that the States concerned did not take any real action. The
decisive role of national human rights institutions, including in the physical protection of
witnesses, was recalled. With the President of the Council, the idea of having an annual
dedicated session of the Council on the issue of reprisals was discussed. Mr. Forst
expressed the hope that such an idea would be supported during the panel discussion.
22.
Mr. Forst shared some of the existing measures developed by special procedures,
individually and jointly, to address reprisals. Some of them had devoted an annual report to
this issue. Others had decided to systematically include information on reprisals in their
reports. Others still collected information and reacted appropriately to individual cases. Mr.
Forst also informed participants that, in the light of the greater number and severity of cases
documented, special procedures were currently considering various measures; for example,
the manual of operations of the special procedures could be revised to include a specific
chapter on the question of reprisals as well as practical recommendations addressed to all
mandate holders. The training of new mandate holders on this matter should also continue.
23.
With regard to recommendations, Mr. Forst shared some personal ideas for further
discussion. In his views, any reprisal against a witness cooperating with a mandate holder
should be treated as an attempt to undermine the mandate holder himself or herself, and
consequently called for a rapid and systematic response from States Members of the Human
Rights Council. Furthermore, the Chairperson of the Coordination Committee should be
able to intervene immediately and publicly in cases of intimidation or reprisal brought to
his or her attention by a mandate holder. Benefits could be gained from sharing the
experience of other institutions that have developed expertise or programmes to protect
witnesses, in particular the International Criminal Court.
24.
Given that reprisals were often reported during country visits, Mr. Forst presented
several ideas to be considered in that context, such as treating information relating to the
agenda of the visit and the list of civil society contacts with the appropriate confidentiality
in order to minimize the risk of reprisal, or sharing meeting plans with local human rights
experts to assess beforehand the risk of witnesses being targeted. When facing allegations
of reprisal, States concerned should be reminded of their obligations with regard to
protection. The information could also be shared with the United Nations field presence,
national human rights institution and diplomatic missions as appropriate; when possible,
regional intergovernmental organizations could also be involved.
25.
Mr. Forst also called for more systematic follow-up on cases raised in the
communications and reports of special procedures, including through contact with the
relevant missions. He concluded by proposing that a cross-regional group of States could
decide to work together and act in the face of reprisals. They could take joint initiatives for
witness protection by means of, inter alia, concrete asylum measures, temporary shelter or
shelter in diplomatic missions.
G.
Chairperson of the Committee against Torture
26.
The Chairperson of the Committee against Torture, Claudio Grossman, stated that
the legitimate ambition that all had was not only to refrain from being silent with regard to
reprisals, but to be far more ambitious and far-reaching in our aims, and create a positive
environment to ensure that human rights policies were developed. The first step was to
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