ANNEX I. >> Metadata sheets on selected indicators Data collection and source  The main sources of data are administrative records maintained by the national human rights institution, human rights ombudsperson and other mechanisms. Periodicity  The information is normally compiled and published annually. Disaggregation  To enable detection of the pattern of abuse against particular groups or in particular areas, the indicator should be disaggregated by the characteristics of the alleged victim (sex, age, economic and social situation, ethnicity, minority, indigenous, colour, language, religion, political or other opinion, national or social origin, migrant, disability, sexual orientation, place of residence, region, profession, whether or not detained at the time of the alleged abuse). Similarly, the indicator should be disaggregated according to whether the abuse is alleged to have been committed by a State agent, with the complicity/tolerance/ acquiescence of a State agent, or by a private individual or individuals. To assess the effectiveness of investigation and adjudication procedures overall, data related to this indicator should also be disaggregated by the end result of the procedure. Comments and limitations  The basic source of information for this indicator comes from events‑based data on human rights violations. Such data may underestimate (or sometimes, though rarely, even overestimate) the incidence of torture or cruel, inhuman or degrading treatment or punishment, if used in a casual manner to draw generalized conclusions for the country as a whole. Moreover, in most instances, the number of cases reported to independent bodies depends on the awareness, access to information, motivation and perseverance of the alleged or potential victim, his or her family and friends, or civil society organizations in the country concerned. The Human Rights Committee, in its general comment No. 20 (1992), states that “the right to lodge complaints against maltreatment prohibited by article 7 must be recognized in the domestic law. Complaints must be investigated promptly and impartially by competent authorities so as to make the remedy effective. The reports of States parties should provide specific information on the remedies available to victims of maltreatment and the procedure that complainants must follow, and statistics on the number of complaints and how they have been dealt with” (para. 14). Examples of provisions relevant to the right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment: Universal Declaration of Human Rights, art. 5; Convention against Torture, arts. 1 to 16; International Convention on the Elimination of All Forms of Racial Discrimination, art. 5 (b); International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, arts. 10 and 11; Convention on the Elimination of All Forms of Discrimination against Women, arts. 2 and 16; Convention on the Rights of Persons with Disabilities, art. 15; and Convention on the Rights of the Child, arts. 37 and 39. Model questionnaires for complaints are available on the OHCHR website at http://www2. ohchr.org/english/bodies/question.htm (accessed 2 July 2012). 152 Human Rights Indicators

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