A/HRC/46/26
operational priorities. The regional distribution of States visited was Africa (1), Asia-Pacific
(1), Eastern Europe (3), Latin America and the Caribbean (1) and Western Europe and others
(2). The average time elapsed between a request for a country visit by the mandate holder
and the conduct of the within the mandate is one year and two months; the shortest time was
four months (Sri Lanka),30 while the longest was two years and eight months (Argentina).31
93.
Of the States visited by the mandate holder, one was conducted jointly with the
Special Rapporteur on the independence of judges and lawyers (to Sri Lanka in 2016). Even
though separate reports on the visit were submitted to the Human Rights Council
(A/HRC/34/54/Add.2 and A/HRC/35/31/Add.1), they should be read together.
94.
It should in addition be recalled that the mandate holder may also decide to carry out
a follow-up visit in order to assess progress in the implementation of the recommendations
made by the Special Rapporteur during his initial country visit and in his report. According
to the Manual of Operations for Special Procedures, follow-up initiatives are a means to
“enhance the effectiveness” of country visits. 32 The Special Rapporteur was unable to
conduct any follow-up visits during the period under review.33
95.
In order to reach an independent and objective assessment of compliance with the
prohibition of torture and ill-treatment in a highly politicized individual case (Julian
Assange), the Special Rapporteur, together with two specialized medical experts, conducted
in May 2019 a special visit to the United Kingdom of Great Britain and Northern Ireland; the
mission was not categorized as a full country visit, and resulted in an exchange of letters
rather than a country visit report.
96.
Lastly, four States (Libya, Mongolia, Paraguay and Spain) showed “full cooperation”
by extending a firm invitation to the mandate holder; the Special Rapporteur, however, either
declined or postponed the country visit for reasons relating to regional distribution or
operational priorities.
(d)
Pending
97.
As at October 2020, 46 requests for a country visit were pending. A total of 33 of the
States concerned (59 per cent) had not given any response whatsoever concerning the
requests. According to the Manual of Operations for Special Procedures, in cases where a
State does not respond to a request for an invitation to visit, it is appropriate for the mandate
holder to remind the Government concerned, to draw the attention of the Human Rights
Council to the outstanding request, and to take other appropriate measures designed to
promote respect for human rights.34
IV. Conclusions
98.
The vast majority of States’ responses to official communications transmitted by
the Special Rapporteur on specific allegations of torture or ill-treatment fall short of
the standard of “full cooperation” set by the Human Rights Council, and fail to include
the measures of prevention, investigation, prosecution and redress recommended by the
Special Rapporteur and legally required under the absolute and non-derogable
prohibition of torture and ill-treatment.
99.
More specifically, in the course of the first four years of his tenure, more than
one third (36 per cent) of official communications transmitted by the Special
Rapporteur did not receive any response (“no cooperation”); 54 per cent received
responses that remained otherwise unsatisfactory (“partial cooperation”); and only 10
per cent received a fully satisfactory response, namely, fully addressing the alleged acts
30
31
32
33
34
18
See A/HRC/34/54/Add.2.
See A/HRC/40/59/Add.2.
Manual of Operations, para. 97.
A follow-up visit proposed by the Government of Maldives and planned for November 2020 had to
be cancelled owing to travel restrictions related to the coronavirus disease (COVID-19) pandemic.
Manual of Operations, para. 56.
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