A/HRC/46/26
(fear or a desire to leave the country) and is not evidence that no torture took place
(E/CN.4/1986/15, para. 16).
75.
Still today, the attitude shown by Governments towards allegations of torture and illtreatment transmitted by the Special Rapporteur, although not accusatory by nature, remains
primarily defensive, dismissive or evasive. Accordingly, only 10 per cent of the allegations
receive fully cooperative response, while 54 per cent of the responses received remain
unsatisfactory and 36 per cent of the communications do not obtain any response whatsoever.
76.
As the Special Rapporteur observed in his most recent report to the General Assembly
(A/75/179), the root cause for the continued worldwide complacency with torture and illtreatment is not a lack of expertise, resources or normative consensus, nor generalized
malicious intent, but lies in generic neurobiological and psychosocial factors that have shaped
human decision-making throughout history, irrespective of national, cultural, religious or
other distinctive influences. Most notably, as demonstrated by contemporary scientific
findings, all human beings, whether government officials, media representatives or the
general public, have an innate tendency towards suppressing moral dilemmas and other
unwelcome information through the largely unconscious processes of self-deception and
denial.
77.
In his official dialogue with States relating to specific concerns or allegations of
torture or ill-treatment, the Special Rapporteur routinely encounters various forms of such
self-deception and denial. In practice, the predominant reaction pattern of States to his official
communications is denial of fact, even in the face of compelling evidence. Where the
occurrence of torture or ill-treatment cannot be denied, States tend to deny either their
responsibility or the wrongfulness of the alleged conduct. It is regrettable that genuine
engagement in a constructive, substantive and transparent dialogue aimed at ensuring full
and effective compliance with the prohibition of torture and ill-treatment remains
exceptional.
G.
Cooperation of States with requests for country visits
1.
Modus operandi for official country visits
78.
As part of the working methods of the special procedures, the Human Rights Council
has mandated the Special Rapporteur to conduct country visits with the consent or at the
invitation of Governments and to enhance further dialogue with them, and to follow up on
recommendations made in reports after visits in their countries.16 The Manual of Operations
and the Code of Conduct provide guidance for mandate holders and facilitate a better
understanding of their work for other stakeholders.
79.
The main purpose of a country is to allow the Special Rapporteur to assess the
situation of torture and ill-treatment in the State, including through an examination of legal,
judicial and administrative aspects. They also allow for contact with and the gathering of
information from victims, relatives of victims, witnesses, national human rights institutions,
international and local non-governmental and other members of civil society, the academic
community, and officials of international agencies present in the State concerned.
80.
Country visits are carried out in a spirit of constructive cooperation, aimed at
formulating relevant and practical recommendations with the ultimate objective of
strengthening the protection and promotion of human rights. The outcome of the visit is a
report that the Special Rapporteur submits to the Human Rights Council, in which the
mandate holder analyses the discussions held during the visit, summarizes his observations
and makes recommendations to assist the Government concerned in identifying and
remedying any normative, institutional or procedural factors which may be conducive to
torture and ill-treatment. Governments have the possibility to make comments on the
substance of the report of the Special Rapporteur, in accordance with applicable United
Nations documentation rules.
16
Human Rights Council resolutions 34/19 and 43/20, para. 1 (b).
15
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