A/HRC/4/33/Add.1
Page 4
Introduction
1.
This addendum to the report of the Special Rapporteur contains, on a country-by-country
basis, summaries of reliable and credible allegations of torture and other cruel, inhuman or
degrading treatment or punishment that were brought to the attention of the Special Rapporteur,
and were transmitted to the Governments concerned. It also contains replies from Governments.
This addendum does not illustrate the state of torture and other cruel, inhuman or degrading
treatment or punishment throughout the world, but rather reflects the state of information
brought to the attention of the Special Rapporteur.
2.
The Special Rapporteur would like to recall that in transmitting these allegations to
Governments, he does not make any judgement concerning the merits of the cases, nor does he
support the opinion and activities of the persons on behalf of whom he intervenes. The
prohibition of torture and other cruel, inhuman or degrading treatment or punishment is a
non-derogable right, and every human being is legally and morally entitled to protection. When
the Special Rapporteur receives reliable and credible information that gives grounds to fear that a
person may be at risk of torture or other forms of ill-treatment, he may transmit an urgent appeal
to the Government concerned. The communications sent by the Special Rapporteur have a
humanitarian and preventive purpose, and do not require the exhaustion of domestic remedies.
Governments are requested to clarify the substance of the allegations, take steps to protect the
person’s rights, and are urged to investigate the allegations and prosecute and impose appropriate
sanctions on any persons guilty of torture and other cruel, inhuman or degrading treatment or
punishment.
3.
During the period under review, i.e. from 16 December 2005 to 15 December 2006, the
Special Rapporteur sent 79 letters∗ of allegations of torture to 35 Governments and 157 urgent
appeals* to 60 Governments on behalf of persons who might be at risk of torture or other forms
of ill-treatment. Government responses received up to 31 December 2006 have been included.
The responses received after that date will be duly reflected in a future communications report.
4.
The Special Rapporteur appreciates the timely responses received from Governments to
the letters and urgent appeals transmitted. He regrets that many Governments fail to respond, or
do so selectively, and that responses to older cases remain outstanding in large part.
5.
Owing to restrictions on the length of documents, the Special Rapporteur has been
obliged to reduce considerably details of communications sent and received, with attention given
to information relating specifically to allegations of torture and other cruel, inhuman or
degrading treatment or punishment. As a result, requests from Governments to publish their
replies in their totality could not be acceded to. Moreover, attention is given to information in
Government replies specifically relating to the allegations, particularly information on the
following:
(a)
∗
What steps were taken to ascertain the veracity of the facts alleged?
Includes joint action with other special procedures of the Commission on Human Rights. General statistical
information on communications sent by special procedures in 2005 is available on OHCHR website :
http://www.ohchr.org.