Practical Resources
When a foreign national is detained abroad, the early stages of a case are often the most critical. Evidence can be lost, rights can go unenforced, and opportunities to challenge a conviction or sentence can close quickly. Having the right information from the outset can make a significant difference to the outcome of a case.
This page provides practical tools to support anyone working to protect the rights of a foreign national in detention. The resources here are designed for use by lawyers, consular officials, NGO representatives, and family members seeking to understand and document a detained person’s situation. They can be used at any stage of a case, from an initial prison visit through to appeal or clemency proceedings. Each tool can be used independently or alongside the country-specific information available on this website.
This form is a comprehensive reference tool designed to help lawyers, consular officials, family members and NGO representatives gather essential information when meeting a foreign national in detention. It covers personal background, arrest and trial history, consular access, detention conditions, and mental and physical health. The information collected can be used to build a legal defence, identify mitigating factors, support a clemency application, or prepare a complaint to an international or domestic human rights body.
You will not be able to gather all information in a single visit, and you should not try to. Use your judgement about sequencing based on the detainee’s emotional state, time available, and the stage of the case.
Questions are organised into three priority tiers:
🔴 Priority — gather on the first visit. These questions are crucial to the detainee’s legal situation and immediate safety.
🟡 Important — gather as early as possible, ideally within the first two or three visits.
🟢 Background — gather over time to build a fuller picture for the defence, mitigation, or a UN complaint.
Some sections cover sensitive topics including mistreatment and mental health. Always give the detainee the option to skip a question, and approach these areas with care. Nothing the detainee shares should be used without their consent.
Gathering documentary evidence is one of the most important things you can do for a client facing serious charges abroad. Records from the client’s home country can establish vulnerability factors, support a mitigation case, challenge the reliability of a confession, or demonstrate that the death penalty should not apply.
Not all records will be available or relevant in every case. Work with the client’s family to identify what exists and where it is held. Begin with the highest-priority categories first — birth, mental health, and medical records are often the most time-sensitive.
Resource 4: Filing a Complaint with the UN
International human rights bodies offer formal mechanisms through which individuals, or those acting on their behalf, can raise complaints about violations of their rights. For foreign nationals facing the death penalty, torture, or arbitrary detention, these mechanisms can be powerful tools, both to seek relief in individual cases and to draw international attention to systemic failures.
This page sets out the four main UN mechanisms relevant to foreign nationals in detention, explains who can use them and when, and links directly to the relevant official forms and guidance.These mechanisms are not a substitute for domestic legal proceedings. In most cases, a complaint will only be accepted if domestic remedies (court appeals, review processes) have been exhausted first, or if pursuing them would be unreasonably prolonged or ineffective.
Read more about complaints procedures under the human rights treaties at the OHCHR website.
1. UN Human Rights Committee — Individual Communications under the ICCPR
What it is
The UN Human Rights Committee monitors compliance with the International Covenant on Civil and Political Rights (ICCPR). Under the First Optional Protocol to the ICCPR, individuals can submit a formal complaint (called an “individual communication”) alleging that a State has violated their rights under the Covenant.
When to use it
This mechanism is most relevant where a foreign national has been denied a fair trial, subjected to arbitrary detention, denied consular access in a death penalty case, or faces execution in violation of international standards. The Committee has confirmed that denying a foreign national their right to consular notification, where this results in a death sentence, may constitute a violation of the right to life under Article 6 of the ICCPR.
Who can submit
The individual whose rights have been violated, or someone acting on their behalf with their consent. NGOs and lawyers can submit on behalf of clients.
Key conditions
The State concerned must have ratified both the ICCPR and the First Optional Protocol. Domestic remedies must have been exhausted, unless they are unavailable or unreasonably delayed. The same matter must not be under examination by another international body.
Urgent action — imminent execution
If a client faces imminent execution, the Committee can be asked to issue interim measures requesting that the State halt the execution while the complaint is being considered. This request should be made as early as possible.
How to submit a complaint
The OHCHR page on individual communications procedures covers complaint requirements, admissibility requirements, time limits, how interim measures work, and what happens after you submit. Full guidance and online submission portal — OHCHR.
2. UN Committee Against Torture — Individual Complaints under CAT
What it is
The UN Committee Against Torture monitors compliance with the Convention Against Torture (CAT). Under Article 22 of CAT, individuals can submit complaints against States that have recognised the Committee’s competence to receive them.
When to use it
This mechanism is relevant where a foreign national has been subjected to torture or cruel, inhuman, or degrading treatment — whether during arrest, interrogation, or in detention. It is also relevant where a person faces transfer or deportation to a country where they are at risk of torture (known as the principle of non-refoulement).
Who can submit
The individual who has been subjected to torture, or someone acting on their behalf. Complaints can be submitted by lawyers, family members, or NGOs with the individual’s consent.
Key conditions
The State must have made a declaration under Article 22 of CAT accepting the Committee’s competence. Domestic remedies must generally be exhausted first. The complaint must be submitted within a reasonable time of the events.
Urgent action
As with the Human Rights Committee, the Committee Against Torture can issue requests for interim measures where there is a risk of irreparable harm — for example, where a person is at imminent risk of being transferred to a country where they face torture.
How to submit a complaint
The OHCHR page on individual communications procedures covers complaint requirements, admissibility requirements, time limits, how interim measures work, and what happens after you submit. Full guidance and online submission portal — OHCHR.
3. UN Working Group on Arbitrary Detention
What it is
The UN Working Group on Arbitrary Detention is a body of independent experts that investigates cases where individuals have been deprived of their liberty in ways that may be arbitrary or contrary to international human rights standards. It can issue formal opinions on whether a detention is arbitrary and call on States to release detainees or provide remedy.
When to use it
This mechanism is relevant where a foreign national has been detained without charge or trial for an extended period, where due process rights were denied, where the detention appears politically motivated, or where the detention is linked to the exercise of a fundamental right. It is particularly useful in cases where domestic remedies are unavailable or have been exhausted without result.
Who can submit
Individuals, their families, lawyers, or NGOs can submit a complaint (called a “communication”) on behalf of a detained person. The person’s consent should be obtained where possible, but is not always required (for example, where the person is incommunicado).
Key conditions
The Working Group’s opinions are not legally binding, but they carry significant moral and political weight and are frequently used in advocacy, legal proceedings, and diplomatic representations. There is no requirement that the State has ratified a specific treaty, as the Working Group operates under customary international law.
How to submit a complaint
The OHCHR page on the Working Group covers how to submit a case, the model questionnaire in multiple languages, the criteria used to determine whether detention is arbitrary, and how opinions are adopted. Full guidance, model questionnaire, and submission portal — OHCHR
4. UN Special Rapporteurs — Urgent Appeals and Communications
What it is
UN Special Rapporteurs are independent experts appointed by the UN Human Rights Council to monitor and report on specific human rights issues. They can send urgent appeals and formal communications to governments on behalf of individuals at risk. While their interventions are not legally binding, they carry significant weight and can influence outcomes in individual cases.
Relevant mandates for foreign nationals in detention
The following Special Rapporteurs are most relevant to the situations covered by this website:
- Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions — relevant where a person faces execution in violation of international standards, including where fair trial rights or consular access rights were denied.
- Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment — relevant where a person has been subjected to torture or ill-treatment in detention, or where detention conditions amount to cruel or degrading treatment.
- Special Rapporteur on the Human Rights of Migrants — relevant where a foreign national’s situation has been compounded by their migration status, including where they have been trafficked or denied basic rights as a result of being a foreigner.
When to use it
Special Rapporteurs can act quickly and are particularly useful in urgent situations — for example, where a client faces imminent execution or is at serious risk of torture. They can be contacted at any stage of a case, including where domestic proceedings are still ongoing. Multiple Rapporteurs can be contacted simultaneously if more than one mandate is relevant.
Who can submit
Lawyers, NGOs, family members, or the individual themselves can submit an urgent appeal. The more specific and detailed the information provided, the more likely the Rapporteur is to act.
How to submit a complaint
The OHCHR Special Procedures page covers what information to include in a submission, how urgent appeals differ from letters of allegation, and what happens after you submit. Read it before filing. Full guidance and online submission portal — OHCHR
