CAT/OP/6/Rev.1
9.
The San José Guidelines are an integral part of this policy.
II. General operational practice
10.
The Subcommittee rapporteur on reprisals should be notified as soon as possible of
all allegations of intimidation or reprisals against individuals, groups or national preventive
mechanisms seeking to cooperate or cooperating with the Subcommittee or the national
preventive mechanisms themselves. The Subcommittee and national preventive
mechanisms should take steps to ensure that they are provided with all relevant information
relating to those allegations. The Chair of the Subcommittee should be notified of the
allegations by the rapporteur or the country visit focal point on reprisals through the
secretariat as soon as possible.
11.
Information concerning allegations of intimidation or reprisals may be submitted
orally or in writing and may be submitted in confidence. A detailed record of all allegations
of intimidation or reprisals that have been submitted will be maintained.
12.
The rapporteur will make an assessment of the allegation as soon as possible and, in
so doing, will make use of a wide variety of sources of information. These sources will
include the State party, concerned individuals, the secretariat, the Office of the United
Nations High Commissioner for Human Rights (OHCHR), including its field presences,
other United Nations entities, national human rights institutions, national preventive
mechanisms and civil society. Pending the initial assessment, all incidents will be referred
to as allegations of intimidation or reprisals. The rapporteur may consult and liaise with the
relevant country rapporteurs during the process of initial assessment, keeping in mind the
principles of confidentiality.
13.
The rapporteur will maintain contact with the individuals or groups alleging
intimidation or reprisals, or their representatives, and determine the most appropriate course
of action in each case. When doing so, the rapporteur will consider the possible
consequences that seeking to cooperate or cooperating with the treaty bodies could have for
the individuals or groups alleging intimidation or reprisals or for others who may be
affected by that action.
14.
The rapporteur will inform the Chair of the conclusions that have been reached. If it
appears that intimidation or reprisals have or might have taken place, the rapporteur will
inform the Chair and advise him or her of a potential course of action. If there is a country
rapporteur, he or she should also be notified and his or her views sought. A decision should
then be taken in accordance with the practices and processes of the Subcommittee.
15.
The Subcommittee will have as a standing agenda item, to be considered on an
annual basis, an update on intimidation or reprisals from the rapporteur on reprisals and
country rapporteurs.
Specific measures
16.
Where possible, the Subcommittee will take steps to prevent intimidation and
reprisals. Preventive measures could include requesting individuals or groups to provide
information in a confidential manner and reminding States parties of their primary
obligation to prevent and refrain from all acts of intimidation or reprisals against
individuals and groups seeking to cooperate or cooperating with the Subcommittee.
Protective measures
17.
When it is alleged that an individual or group is at risk of intimidation or reprisals
for seeking to communicate or for having communicated with the Subcommittee, including
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