Original HRC document

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Document Type: Final Report

Date: 2014 Jan

Session: 25th Regular Session (2014 Mar)

Agenda Item: Item2: Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General

GE.14-10007

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Human Rights Council Twenty-fifth session Agenda item 2 Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General

Special Fund established by the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Note by the Secretary-General

Summary The present note provides information on the status of the Special Fund established by the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

I. Introduction

A. Submission of the report

1. The present report was prepared in accordance with General Assembly resolution 68/156, by which the Assembly encouraged contributions to the Special Fund established by the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Optional Protocol), and requested the Secretary- General to report to the Human Rights Council on the operations of the Fund. The present note complements the report of the Secretary-General on the activities of the Fund, submitted to the General Assembly at its sixty-eighth session (A/68/281).

B. Mandate of the Special Fund

2. The Special Fund was established pursuant to article 26 of the Optional Protocol, to help finance the implementation of the recommendations made by the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment following a visit to a State party to the Optional Protocol, as well as education programmes of national preventive mechanisms.

3. It receives voluntary earmarked contributions from Governments, intergovernmental and non-governmental organizations and other private or public entities.

C. Management of the Special Fund

4. The Special Fund is administered by the Office of the United Nations High Commissioner for Human Rights (OHCHR), in accordance with the Financial Regulations and Rules of the United Nations.

D. Eligibility criteria

5. Applications may be submitted by State institutions of those States parties visited by the Subcommittee and who have agreed to the publication of the Subcommittee report, and the national preventive mechanisms of these States parties. Furthermore, applications may also be submitted by national human rights institutions compliant with the principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles) and by non-governmental organizations, if the proposed projects are to be implemented in cooperation with eligible States parties and/or national preventive mechanisms. Only applications relating to recommendations contained in those Subcommittee visit reports that have been published in accordance with article 16, paragraph 2, of the Optional Protocol, and hence are no longer confidential, are considered.

II. Activities of the Special Fund

A. 2013 project cycle 6. The second call for applications to the Special Fund, for grants for projects to be implemented in 2013, closed on 15 October 2012. For this call, specific thematic priorities

by country were identified by the Subcommittee during its seventeenth session, held in Geneva from 18 to 22 June 2012.

7. In accordance with the guidelines for applications, the secretariat of the Special Fund conducted an extensive evaluation of the 30 project proposals in the light of the thematic priorities identified, taking into consideration the outcome of informal consultations held with members of the Subcommittee, and awarded eight grants to projects aimed at implementing recommendations made by the Subcommittee in six eligible countries — Benin, Brazil, Honduras, Maldives, Mexico and Paraguay — for a total of US$ 277,588.78. Details of the grants awarded can be found in the annex.

B. Call for applications 2014

8. The call for applications for 2014 closed on 20 November 2013. For this call, specific thematic priorities by country were identified by the Subcommittee during its nineteenth session, held in Geneva from 18 to 22 February 2013. In addition, projects addressing any other specific recommendation in the visit reports that detailed a pressing and compelling need could be considered.

9. Applicants could request grants of up to US$ 35,000 for project activities to be implemented between 1 January and 31 December 2014.

10. A total of 24 applications were received concerning six of the seven eligible countries (Benin, Brazil, Honduras, Maldives, Mexico and Paraguay). The evaluation process is currently under way.

III. Financial situation of the Special Fund 11. At the time of writing, two contributions had been received during the period since the last report of the Special Fund of the Council, namely US$ 10,000 from Argentina and US$ 125,000 from the Netherlands. 12. The current financial situation of the Special Fund will allow for completion of the 2014 project cycle. Further contributions should be received in the first semester of 2014 in order to ensure the sustainability of the activities of the Fund into 2015.

IV. Making a contribution

13. Contributions to the Special Fund may be accepted from Governments, intergovernmental or non-governmental organizations, private-sector organizations and the public at large, in accordance with the Financial Regulations and Rules of the United Nations. Only un-earmarked funds may be accepted.

14. Contributions to the Special Fund should always be marked “Payee: Special Fund established by the Optional Protocol to the Convention against Torture, account CH”. Payments may be made either by bank transfer (a) in United States dollars to the UNOG General Fund, account No. 485001802, J.P. Morgan Chase Bank, 270 Park Avenue, 43rd floor, New York, NY 10017, United States of America (Swift code: CHAS US 33; bank number: (ABA) 021000021; (b) in euros to the United Nations Office at Geneva, account No. 6161600934, J.P. Morgan Chase AG, Grueneburgweg 2 – 60322 Frankfurt am Main, Germany (Swift code: CHAS DE FX, bank number: (BLZ) 50110800, IBAN: DE78 5011 0800 6161 6009 34); (c) in pounds sterling to the United Nations Office at Geneva, account No. 23961903, J.P. Morgan Chase Bank, 25 London Wall, London EC2Y 5AJ, United Kingdom of Great Britain and Northern Ireland (Swift code: CHAS GB 2L, bank number:

(SC) 609242, IBAN: GB68 CHAS 6092 4223 9619 03); (d) in Swiss francs to the United Nations Geneva General Fund, account No. 240-C0590160.0, UBS AG, rue du Rhône 8, case postale 2600, CH-1211 Geneva 2, Switzerland (Swift code: UBSW CH ZH 80A; bank number: 240; IBAN: CH92 0024 0240 C059 0160 0); (e) in other currencies to the United Nations Geneva General Fund, account No. 240-C0590160.1, UBS AG, rue du Rhône 8, case postale 2600, CH-1211 Geneva 2, Switzerland (Swift code: UBSW CH ZH 80A; bank number: 240; IBAN: CH65 0024 0240 C059 0160 1); (f) or by cheque payable to the United Nations, addressed to the Treasury, United Nations, Palais des Nations, CH-1211 Geneva 10, Switzerland.

15. Donors are requested to inform the Donor and External Relations Section of OHCHR when a payment has been made (including a copy of the bank transfer order or of the cheque) to facilitate effective follow-up to the official recording procedure and preparation of reports of the Secretary-General.

V. Recommendations

16. Governments, intergovernmental and non-governmental organizations and other private or public entities are strongly encouraged to contribute to the Special Fund, in order to provide it with the resources required to carry out its mandate.

17. The current financial situation of the Special Fund will allow for completion of the 2014 project cycle. Further contributions should be received in the first semester of 2014 in order to ensure the sustainability of the activities of the Fund into 2015.

Annex

Projects approved under the call for applications for 2013 [Total grants for 2013: US$ 297,934.10; 8 projects approved out of

30 admissible applications]

Country Project summary Applicant Grant amount

(United States dollars)

1. Benin Implementation of recommendations of the Subcommittee concerning protection of children deprived of their liberty in Benin

World Organisation Against Torture (OMCT) in partnership with Enfants Solidaires d’Afrique et du Monde

44 428.00

2. Brazil Implementation mechanism for the prevention of torture and other cruel, inhuman or degrading treatments or punishments in Minas Gerais

Minas Gerais State Human Development Secretariat

47 712.50

3. Brazil Rio de Janeiro state plan to prevent and combat torture

State Preventive Mechanism of Rio de Janeiro

28 600.00

4. Honduras Legal reform and support to the national preventive mechanism (NPM) in Honduras

Regional Office of the Association for the Prevention of Torture (APT) in Panama

30 405.00

5. Maldives Support the Maldives NPM for effective implementation of Subcommittee and NPM recommendations

Human Rights Commission of Maldives (NPM)

15 703.60

6. Mexico Training in combating torture for the Mexican judiciary in partnership with OHCHR, Subcommittee members and key national justice institutions

International Bar Association’s Human Rights Institute (non- governmental organization)

46 855.00

7. Paraguay Contribution to the development of public policies aimed at the prevention of torture and cruel, inhuman or degrading treatment within the purview of the judiciary

Supreme Court of Justice

34 230.00

8. Paraguay Strengthening human rights capacities of the Public Prosecutor

Training Centre of the Office of the Public Prosecutor

50 000.00

Total grants for 2013 297 934.10