28/24 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

GE.14-24804 (E)



Human Rights Council Twenty-eighth 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, including on its critical financial situation.

Contents

Paragraphs Page

I. Introduction ................................................................................................................ 1–5 3

A. Submission of the report .................................................................................... 1 3

B. Mandate of the Special Fund ............................................................................. 2–3 3

C. Management of the Special Fund ...................................................................... 4 3

D. Eligibility criteria ............................................................................................... 5 3

II. Activities of the Special Fund .................................................................................... 6–11 4

A. 2014 project cycle .............................................................................................. 6–8 4

B. Call for applications 2015 ................................................................................. 9–11 4

III. Financial situation of the Special Fund ...................................................................... 12–13 4

IV. Making a contribution ................................................................................................ 14–16 5

V. Recommendations ...................................................................................................... 17–19 6

Annex

Special Fund established by the Optional Protocol to the Convention against Torture and Other Cruel,

Inhuman or Degrading Treatment or Punishment: projects approved by the Office of the United Nations

High Commissioner for Human Rights Grants Committee since the establishment of the Fund..... 7

I. Introduction

A. Submission of the report

1. The present note was prepared in accordance with General Assembly resolution

68/156, in 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, and requested the Secretary-General to report to the

Human Rights Council on the operations of the Special Fund. It complements the report of

the Secretary-General on the activities of the Special Fund, submitted to the Assembly at its

sixty-ninth session (A/69/289).

B. Mandate of the Special Fund

2. The Special Fund was established pursuant to article 26 of the Optional Protocol to

help to 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, and to finance education

programmes of national preventive mechanisms.

3. The Special Fund 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 States parties to the Optional

Protocol visited by the Subcommittee and that have agreed to the publication of the

Subcommittee report, and the national preventive mechanisms of the said States parties.

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 visit

reports of the Subcommittee that have been published in accordance with article 16,

paragraph 2, of the Optional Protocol, and hence are no longer confidential, may be

considered.

II. Activities of the Special Fund

A. 2014 project cycle

6. The third call for applications to the Special Fund, for grants for projects to be

implemented in 2014, closed on 20 November 2013. For the call, specific thematic

priorities by State were identified by the Subcommittee at its nineteenth session, held in

Geneva from 18 to 22 February 2013.

7. In accordance with the guidelines for applications, the secretariat of the Special

Fund conducted an extensive evaluation of the 24 project proposals received by the

deadline in the light of the thematic priorities identified, taking into consideration the

outcome of informal consultations held with members of the Subcommittee. After review,

seven grants were awarded to projects aimed at implementing recommendations made by

the Subcommittee in six eligible States — Benin, Brazil, Honduras, Maldives, Mexico and

Paraguay — for a total of $198,108 (see annex).

8. Since its first call for applications for projects to be implemented in 2012, the Fund

has enabled a variety of technical cooperation projects worldwide, with the aim of

establishing or consolidating national prevention mechanisms on torture, training judiciary

and law enforcement personnel, and developing manuals and dissemination material on the

rights of persons in detention. Through its projects, the Fund has engaged with several

national entities, including ministries of the interior and justice, ombudsman institutions

and civil society actors.

B. Call for applications 2015

9. The call for applications for 2015 closed on 17 October 2014. For the call, the

Subcommittee, at its twenty-third session, held in Geneva from 2 to 6 June 2014, identified

specific thematic priorities by State. Projects addressing any other specific recommendation

in the visit reports detailing a pressing and compelling need may also be considered.

10. Applicants could request grants of up to $35,000 for project activities to be

implemented between 1 January and 31 December 2015.

11. A total of 34 applications were received concerning 10 of the 12 eligible States

(Argentina, Benin, Brazil, Germany, Honduras, Kyrgyzstan, Mexico, Paraguay, Senegal

and Sweden). The evaluation process was under way at the time of reporting.

III. Financial situation of the Special Fund

12. The Special Fund is the only functional fund established by an international human

rights treaty. Since its creation in 2012, and despite its limited income in voluntary

contributions, the Fund has supported a total of 21 projects in six States across three

regions, including the training of more than 1,000 people in torture prevention techniques

and methodology.

13. Fund activities should be commensurate with the growth of the activities of the

Subcommittee, which have resulted in an expanding number of States eligible for the Fund.

The minimum required on an annual basis to guarantee a functioning fund able to support

an average of 20 projects per year, with a reasonable level of funding per project (for

example, $35,000) would be around $1.4 million. The Fund, however, struggles to secure a

sustainable donor base. For activities to be implemented in 2015, the Fund has secured, in

2014, a total of only $228,878 (see table below). Consequently, the Fund will only be able

to fund seven or eight projects of $35,000 each to be implemented in 2015. More

worryingly, based on current trends, it is estimated that the Fund reserves accumulated over

the past three years will be entirely depleted by the end of 2015.

Contributions to the Special Fund (6 August 2013 – 25 July 2014)

Donor Amount (United States dollars) Date of receipt

Argentina 10 000.00 27 February 2014

Czech Republic 9 777.00 19 December 2013

Germany 218 878.25 27 March 2014

Netherlands 125 000.00 20 December 2013

Total contributions received 363 655.25

IV. Making a contribution

14. 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 for the Special Fund established by the Optional

Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading

Treatment or Punishment will be channelled to the Fund.

15. 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.

16. 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

17. The Special Fund established by the Optional Protocol to the Convention

against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is

the only functional fund established by an international human rights treaty. It is

increasingly affirming itself as a model for engagement between the United Nations,

State parties, national preventive mechanisms and civil society in the prevention of

torture.

18. The minimum amount required on an annual basis to guarantee a functioning

Fund able to support an average of 20 projects per year, with a reasonable level of

funding per project (for example, $35,000), is approximately $1.4 million.

19. Significantly more contributions are required to sustain and consolidate the

Fund as a viable tool in the torture prevention system of the United Nations.

Governments, intergovernmental and non-governmental organizations and other

private or public entities are strongly encouraged to contribute to the Special Fund.

Annex

Special Fund established by the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment: projects approved by the Office of the United Nations High Commissioner for Human Rights Grants Committee since the establishment of the Fund

State Project summary Implementing entity Year of project

Grant amount (United States

dollars)

1. Benin Implementation of the recommendations of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment concerning the protection of children deprived of their liberty

World Organization against Torture (non-governmental organization) in partnership with Enfants solidaires d’Afrique et du monde (local non- governmental organization)

2012 19 539.00

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

World Organization against Torture (non-governmental organization) in partnership with Enfants solidaires d’Afrique et du monde (local non- governmental organization)

2013 44 428.00

3. Benin Informing detainees of their fundamental rights and reducing overpopulation in places of detention through improved identification of cases of arbitrary detention by State actors and civil society

International Federation of Action by Christians for the Abolition of Torture (ACAT)

2014 35 000.00

4. Brazil Implementation of a mechanism to prevent torture and other cruel, inhuman or degrading treatment or punishment in Minas Gerais

Human development secretariat of Minas Gerais State

2013 47 712.50

5. Brazil Implementation of Subcommittee recommendations concerning the protection of children deprived of their liberty in Brazil

World Organization against Torture (non-governmental organization) in partnership with Justiça Global (local non-governmental organization)

2014 34 802.00

6. Honduras Training for prison staff on human rights standards and prevention of torture

Ministry of Justice and Human Rights 2012 20 000.00

7. Honduras Technical support to the national preventive mechanism in Honduras and training for judges, prosecutors and public

Regional Office for Latin America of the Association for the Prevention of Torture (non-governmental organization) in Panama

2012 14 847.00

State Project summary Implementing entity Year of project

Grant amount (United States

dollars)

defenders

8. Honduras Legal reform and support to the national preventive mechanism in Honduras

Regional Office for Latin America of the Association for the Prevention of Torture (non-governmental organization) in Panama

2013 30 325.00

9. Honduras Training on the rights and duties of persons deprived of liberty to holders of rights and obligations

National Committee for the Prevention of Torture and Other Cruel, Inhuman and Degrading Treatment (national preventive mechanism)

2014 35 000.00

10. Maldives Notification of fundamental rights to foreign detainees in their local language

Human Rights Commission of Maldives (national preventive mechanism)

2012 13 200.00

11. Maldives Supporting the national preventive mechanism of Maldives in effectively implementing Subcommittee recommendations

Human Rights Commission of Maldives (national preventive mechanism)

2013 15 328.60

12. Maldives Understanding the risk of violence to Maldivian children deprived of their liberty

Juvenile Justice Unit, Ministry of Home Affairs

2014 23 786.00

13. Maldives Development and delivery of Istanbul Protocol training on investigation and documentation of torture and other ill-treatment

Redress Trust (non-governmental organization)

2014 34 876.15

14. Mexico Providing training on the use of the Istanbul Protocol

Colectivo contra la Tortura y la Impunidad (non-governmental organization)

2012 19 807.00

15. Mexico Training on combating torture for the Mexican judiciary in partnership with the Office of the United Nations High Commissioner for Human Rights, members of the Subcommittee and key national justice institutions

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

2013 46 855.00

16. Mexico Training workshop on human rights and the prevention of torture with a gender perspective

Government of Oaxaca 2014 35 000.00

17. Paraguay Systematization of police records

Ministry of the Interior 2012 19 984.00

18. Paraguay Design of fair-trial indicators allowing for the monitoring of constitutional guarantees of lawful detention and the presumption of innocence

Supreme Court of Justice 2012 20 000.00

19. Paraguay Support for the work of the Ministry of Justice and Labour 2012 19 500.00

State Project summary Implementing entity Year of project

Grant amount (United States

dollars)

national body in charge of the selection of commissioners for the future national preventive mechanism

20. 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 2013 35 730.00

21. Paraguay Promoting the fundamental human rights of persons deprived of liberty and citizen engagement against torture in Paraguay

Fundación “Celestina Pérez de Almada” 2014 34 520.00

Total grants awarded 600 240.25