31/22 Special Fund established by the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Human Rights Council Thirty-first session 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.

I. Introduction

A. Submission of the report

1. The present report 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. The present report covers the

activities of the Special Fund between 1 January 2015 and 1 December 2015.

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 (the Paris Principles) and 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 (2) of

the Optional Protocol, and hence are no longer confidential, may be considered.

II. Activities of the Special Fund

A. 2015 project cycle

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

implemented in 2015, closed on 17 October 2014. Projects concerning 13 eligible States

could be submitted (Argentina, Benin, Brazil, Germany, Honduras, Kyrgyzstan, Maldives,

Mali, Mexico, Paraguay, the Republic of Moldova, Senegal and Sweden). Applicants could

request grants of up to $ 35,000 for project activities to be implemented between 1 January

and 31 December 2015. For the call, specific thematic priorities by the State parties

concerned were identified by the Subcommittee at its twenty-third session, held in Geneva

from 2 to 6 June 2014.

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

Fund conducted an extensive evaluation of the 34 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. Projects

addressing any other specific recommendation in the visit reports, detailing a pressing and

compelling concern, were also considered. After review, seven grants were awarded to

projects aimed at implementing recommendations made by the Subcommittee in five

eligible States — Argentina, Brazil, Honduras, Mexico and Senegal — for a total of

$228,670 (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: bringing

laws on prevention of torture into line with international human rights standards, including

those that seek to establish national preventive mechanisms on torture or to ensure the

effective functioning of existing national preventive mechanisms on torture or other

relevant institutions; enhancing the knowledge and skills of members of the judiciary and

law enforcement personnel; and developing and disseminating manuals and 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,

national preventive mechanisms, hospitals and prisons, the police and civil society actors.

B. Call for applications for 2016

9. The call for applications for 2016 closed on 16 October 2015. For the call, the

Subcommittee, at its twenty-sixth session, held in Geneva from 15 to 19 June 2015,

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

recommendation in the visit reports detailing a pressing and compelling need could also be

considered.

10. Applicants could request grants of up to $25,000 for project activities to be

implemented between 1 January and 31 December 2016.

11. A total of 19 applications were received concerning 9 of the 16 eligible States

(Argentina, Armenia, Benin, Brazil, Kyrgyzstan, Mexico, New Zealand, Paraguay and the

Republic of Moldova). 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 to date supported a total of 28 projects (with a total amount of

$801,197.85) in eight States across three regions, including the training of more than 1,300

people in torture prevention techniques and methodology, in particular staff members of

national preventive mechanisms, members of the judiciary, law enforcement and

penitentiary officers, medical personnel, social workers and members of civil society

organizations.

13. Activities supported by the Fund 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: there were 13 eligible States in 2015, while there are 16 eligible

States in 2016. This trend is expected to continue as countries are encouraged to ratify the

Optional Protocol and to accept the publication of the Subcommittee’s visit reports.

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

support an average of 20 projects per year, and with a reasonable level of funding per

project (for example, $35,000) would be around $1.4 million. The Fund, however, did not

receive any financial contributions during 2015, with the exception of one pledge of

$30,000. Consequently, the Fund will only be able to fund seven or eight projects of

$25,000 each to be implemented in 2016 and 2017. More worryingly, based on current

trends, it is projected that the Fund reserves accumulated over the past three years will be

entirely depleted by the end of 2017.

Contributions to the Special Fund (1 January-1 December 2015)

Donor Amount (United States $) Date of receipt

No contributions received between

1 January and 1 December 2015

Total contributions received None

IV. Making a contribution

15. 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 funds -earmarked for the Special Fund established by the Optional Protocol

will be channelled to the Fund.

16. 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

UN 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 UN

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.

17. 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

18. The Special Fund is a unique mechanism, being the only functional fund

established by an international human rights treaty. It is a model for engagement

between the United Nations, State parties, national preventive mechanisms and civil

society in attaining the common objective of the prevention of torture.

19. 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.

20. The Secretary-General notes with alarm that the Special Fund has received no

contributions in 2015 (with the exception of one pledge of $30,000). This is a most

regrettable situation that directly threatens the sustainability and consolidation of the

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

Secretary-General calls on Governments, intergovernmental and non-governmental

organizations and other private or public entities to contribute to the Special Fund,

and to ensure sustained financial support to it.

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. Argentina Legal reform for the establishment of the provincial preventive mechanism in Tucumán and training of judges, penitentiary officers and social workers on the rights of detainees

Abogados y Abogadas del Noroeste Argentino en Derechos Humanos y Estudios Sociales (provincial preventive mechanism)

2015 35 000.00

2. 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

3. 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

4. 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 (non-governmental organization)

2014 35 000.00

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. Brazil Supporting the Rio de Janeiro preventive mechanism and promoting the establishment of torture preventive mechanisms in other states of Brazil

Justiça Global (in partnership with the Rio de Janeiro preventive mechanism)

2015 35 000.00

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

Ministry of Justice and Human Rights 2012 20 000.00

8. Honduras Technical support to the national preventive mechanism in Honduras and training for judges,

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

2012 14 847.00

State Project summary Implementing entity

Year of

project

Grant amount

(United States

dollars)

prosecutors and public defenders in Panama

9. 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

10. 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

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

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

2015 34 966.65

12. Honduras Training of justice operators and students on the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol)

Centro de Prevención, Tratamiento y Rehabilitación de Victimas de la Tortura y sus Familiares (non-governmental organization)

2015 34 995.05

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

Human Rights Commission of Maldives (national preventive mechanism)

2012 13 200.00

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

Association for the Prevention of Torture (in partnership with the Human Rights Commission of Maldives)

(non-governmental organization)

2012 20 000.00

15. 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

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

Juvenile Justice Unit, Ministry of Home Affairs

2014 23 786.00

17. 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

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

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

2012 19 807.00

19. 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

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

2013 46 855.00

State Project summary Implementing entity

Year of

project

Grant amount

(United States

dollars)

institutions

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

Government of Oaxaca 2014 35 000.00

21. Mexico Supporting the work of the Federal Prosecutor regarding the monitoring and evaluation of medico-legal assessments

Asistencia Legal por los Derechos Humanos (non-governmental organization)

2015 35 000.00

22. Paraguay Systematization of police records Ministry of the Interior 2012 19 984.00

23. 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

24. Paraguay Support for the work of the national body in charge of the selection of commissioners for the future national preventive mechanism

Ministry of Justice and Labour 2012 19 500.00

25. 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

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

Fundación “Celestina Pérez de Almada” (non-governmental organization)

2014 34 520.00

27. Senegal Supporting the national preventive mechanism of Senegal in effectively implementing Subcommittee recommendations

Observateur national des lieux de privation de liberté (national preventive mechanism)

2015 34 770.90

28. Senegal Supporting the national preventive mechanism of Senegal in effectively implementing Subcommittee recommendations

Association for the Prevention of Torture (in partnership with the Senegalese national preventive mechanism, Observateur national des lieux de privation de liberté) (non-governmental organization)

2015 18 937.50

Total grants awarded 801 197.85

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