“Article 30 of the OPC’s enabling law states that complaints may be declared inadmissible if the legal period to lodge complaint has lapsed, i.e. two years after the concerned individual or group became aware of the abuse.

The OPC stated that it doesn’t apply this provision in practice. It also stated that it had received 1592 administrative and judicial complaints, of which 693 had been resolved, in 2023.

The SCA therefore encourages the OPC to take steps to improve accessibility, public awareness and confidence in the complaints handling process at the headquarters and to increase outreach across the country. The SCA also urges the OPC to amend its administrative regulations to encompass broad criteria for admissibility of complaints.

Where an NHRI has been provided with a mandate to receive and consider complaints alleging violations of human rights, an NHRI should ensure that complaints are dealt with fairly, transparently, efficiently, expeditiously, and with consistency.

The SCA refers to Paris Principles A.1 and D and its general observation 2.9 on “The quasi-judicial competency of NHRIs (complaints-handling)”.”