A/HRC/46/26
(a)
Full cooperation: Full and expeditious responses that (b) supply all information
requested and ensure proper follow-up to the recommendations and conclusions of the
Special Rapporteur, including, as a minimum, evidence for the initiation of all measures of
prevention, investigation, prosecution and redress required under applicable international
law;
(b)
Partial cooperation: Responses that fail to meet any of the criteria described in
subparagraph (a) above but that have included at least an acknowledgement of receipt or
other form of dialogue between the Government and the Special Rapporteur;
(c)
No cooperation: Failure or refusal to respond to the official communications
transmitted by the Special Rapporteur.
(d)
Pending: The Government has either provided a timely and constructive
response to the communication, which has not yet been translated and, therefore, still has not
been evaluated; or has expressed genuine intent to provide the requested information or take
the measures recommended and, to that end, has requested additional information or further
clarification from the mandate holder.
61.
While the categories of “full cooperation”, “no cooperation” and “pending” are selfexplanatory and unlikely to give rise to significant questions, controversy or other
disagreements, the distinction between “full cooperation” and “partial cooperation” warrants
further discussion. In particular, there seems to be a significant discrepancy between the
standards set by the Human Rights Council for “full cooperation” with the mandate and the
self-assessment of States, as reflected not only in their responses to the questionnaire but,
more importantly, also in their responses to the official communications transmitted by the
mandate holder.
3.
Distinction between “full” and “partial” cooperation
62.
As has been shown, the Human Rights Council has identified cumulative criteria for
“full cooperation” with the mandate, namely, full and expeditious responses that supply all
information requested and ensure proper follow-up to the recommendations and conclusions
made by the mandate holder, including as a minimum, evidence for the initiation of all
measures of prevention, investigation, prosecution and redress required under applicable
international law.
63.
In practice, only responses meeting the criteria for “full cooperation” can ensure that
the allegations transmitted by the Special Rapporteur are duly investigated and that all
necessary and appropriate measures of prevention, prosecution and redress are taken in full
compliance with the absolute and non-derogable prohibition of torture and ill-treatment.
64.
Regretfully, more than 90 per cent of States’ responses to official communications of
the Special Rapporteur fall short of this standard. While 36 per cent do not receive any
response whatsoever (“no cooperation”), 54 per cent otherwise fail to adequately address the
allegations transmitted (“partial cooperation”). Clearly, the failure of Governments to
respond to the official communications of the Special Rapporteur always raises serious
questions about the credibility of their commitment to the prohibition of torture and illtreatment. A more nuanced approach is required for responses amounting to “partial
cooperation”. In this category, not all shortcomings are of equal seriousness; they may range
from slight and inadvertent oversight all the way to serious and deliberate contraventions.
Importantly, however, all of them are sufficiently serious to undermine both the effectiveness
of the mandate and the faithful implementation of the prohibition of torture and ill-treatment.
65.
In the overview below, the Special Rapporteur aims to describe the predominant ways
in which the responses of States to official communications fall short of the standard of “full
cooperation”, starting from the most serious shortcomings:
(a)
Aggressive rejection
66.
Most alarmingly, some official statements or communications transmitted or attached
by the Special Rapporteur have received aggressive responses. The States concerned not only
rejected the allegations of human rights violations, but also accused the relevant mandate
holders of “bias”, “inflammatory remarks”, “political motivation”, “violations of the Charter
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