E/CN.4/1989/15
page 2
6.
Other allegations refer to torture practised to instil fear and terror in
order to prevent civil strife or to situations of excessively harsh treatment
of detainees. Here the opportunities for Governments to take effective steps
to put an end to such practices are much greater, since the Government is in
full control of the situation. In other cases allegations do not refer to a
systematic or regular practice of torture, but to complaints by individuals
which reportedly have not been satisfactorily investigated by the
authorities. In submitting allegations to Governments the Special Rapporteur
does not take a position with regard to their well-foundedness. He merely
asks the Government concerned to carry out an investigation and to inform him
about its outcome. In some cases, the Special Rapporteur is provided with an
extensive report about the investigation and its results; sometimes he is
given an explanation as to why the investigation was inconclusive; in other
cases, however, the allegation is merely denied or even labelled as
slanderous. The Special Rapporteur feels that replies of the latter type do
not sufficiently reflect the unequivocal commitment, entered into by all
Governments and by the international community of States as a whole, to
eradicate torture and to take all necessary measures to prevent its occurrence.
7.
The Special Rapporteur again received invitations from three Governments
to visit their country. He deeply appreciated these invitations from the
Governments of Peru, the Republic of Korea and Turkey and gladly accepted
them. He feels that consultations with the authorities in situ are an
extremely effective instrument for carrying out his mandate. Through
discussions with government officials, professional organizations and other
non-governmental organizations, he is in a position to find out where there
are still deficiencies in that country's system of law enforcement and to make
concrete and specific recommendations for improvements. It should be pointed
out that such visits have a consultative character and that the Special
Rapporteur does not carry out investigations into specific allegations during
such visits. It has been suggested from time to time to the Special
Rapporteur that a Government, by extending an invitation to him, would admit
that torture is actually practised in that country. The Special Rapporteur
wishes to emphasize in this respect that, irrespective of the question whether
torture did occur or still occurs in countries visited by him, such a visit
should be seen mainly in the light of prevention of torture.
8.
Since no society is immune to torture and since torture may take place
everywhere, the need to take effective preventive measures is relevant for all
countries. Just as the parties to the European Convention for the Prevention
of Torture and Inhuman or Degrading Treatment or Punishment have declared
themselves willing to admit independent experts to their places of detention,
irrespective of whether allegations of torture have been made, in order to
enable those experts to recommend improvements, in the same way an invitation
to the Special Rapporteur should first and foremost be seen as an expression
of the firm intention of the Government to put an effective ban on torture.
Of course it is also possible for a Government to ask the Special Rapporteur
to carry out an investigation in situ into specific allegations of torture.
Until now the Special Rapporteur has not received an invitation of this kind.
9.
The number of States which have become parties to the United Nations
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment is steadily increasing. As of 31 December 1988, 39 States had
ratified the Convention or had acceded to it; 6 belong to the African Group,
3 to the Asian Group, 7 to the Eastern European Group, 10 to the