ANNEX I. >> M  etadata sheets on selected indicators Indicator 7 Proportion of received complaints on the right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment investigated or adjudicated by the national human rights institution, human rights ombudsperson and other mechanisms, and the proportion responded to effectively by the Government in the reporting period [e.g., table on the right not be subjected to torture or to cruel, inhuman or degrading treatment or punishment] Definition  The indicator refers to the proportion of received individual complaints on the right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment that were investigated or adjudicated by the national human rights institution, human rights ombudsperson and/or other officially recognized independent mechanisms during the reporting period. Where the mechanism transmits complaints to the Government, or communicates in respect of the complaints, the indicator includes the proportion of such transmissions or communications that have received an effective response from the Government. Useful guidance on what ought to be included in a complaint can be found on the OHCHR website, notably in the model complaint form for communications to the Human Rights Committee, the Committee against Torture, the Committee on the Elimination of Racial Discrimination and the Committee on the Elimination of Discrimination against Women. Where there is a communication with a Government, the indicator will require a judgement call on what constitutes an “effective” response. While an official denial without supporting evidence or investigation of the alleged facts will not meet the criterion of effectiveness, the precise application of the criterion may vary from case to case. The effectiveness of the response is best assessed by the national human rights institution, human rights ombudsperson or other mechanism in a transparent manner and may involve considerations like timeliness and completeness of the response, its adequacy in responding to specific questions or suggestions for action, as well as the effectiveness of action initiated by the Government, which may include investigation, release or changes in the treatment of a detained or imprisoned person, payment of compensation, amendment of legislation, etc. Rationale  The indicator captures to an extent the effort required of States to respect, protect and fulfil the right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment, in conformity with article 7 of the International Covenant on Civil and Political Rights, the provisions of the Convention against Torture and the provisions of other international laws. State parties must ensure that individuals have access to effective remedies to vindicate their right. They should make appropriate reparation, take interim measures as necessary, as well as measures to prevent a recurrence of violations of the right, and ensure that those responsible are brought to justice (Human Rights Committee, general comment No. 31 (2004)). It is a process indicator that reflects the willingness of States to take steps towards the realization of the right. Method of computation  The number of complaints is calculated as the sum of individual complaints on the right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment received by all relevant independent bodies at national level. The proportion investigated or adjudicated is calculated as the ratio of the number of complaints investigated or adjudicated to the total number of complaints received during the reporting period. The proportion effectively responded to by the Government is calculated as the ratio of the number of complaints to which the Government responded effectively to the total number of complaints communicated to the Government during the reference period. Human Rights Indicators 151