51. The Rapporteur noted that 14 follow-up reports had fallen due since the previous annual
report (A/61/44). However, only 4 (Austria, Ecuador, Qatar and Sri Lanka) of these 14 States
had submitted the follow-up information in a timely manner. Despite this, she expressed the
view that the follow-up procedure had been remarkably successful in eliciting valuable
additional information from States on protective measures taken during the immediate follow-up
to the review of the periodic reports. While comparatively few States had replied precisely on
time, 19 of the 25 respondents had submitted the information on time or within a matter of one to
four months following the due date. Reminders seemed to help elicit many of these responses.
The Rapporteur also expressed appreciation to non-governmental organizations, many of whom
had also encouraged States parties to submit follow-up information in a timely way.
52. Through this procedure, the Committee seeks to advance the Convention’s requirement
that “each State party shall take effective legislative, administrative, judicial or other measures to
prevent acts of torture …” (art. 2, para. 1) and the undertaking “to prevent … other acts of cruel,
inhuman and degrading treatment or punishment …” (art. 16).
53. The Rapporteur has expressed appreciation for the information provided by States parties
regarding those measures taken to implement their obligations under the Convention. In addition,
she has assessed the responses received as to whether all the items designated by the Committee
for follow-up (normally between three and six recommendations) have been addressed, whether
the information provided responds to the Committee’s concern, and whether further information
is required. Each letter responds specifically and in detail to the information presented by the
State party. Where further information is needed, she writes to the State party concerned with
specific requests for further clarification. With regard to States that have not supplied the
follow-up information at all, she writes to solicit the outstanding information.
54. At its thirty-eighth session in May, the Committee decided to make public the Rapporteur’s
letters to the States parties. These would be assigned a United Nations document symbol number
and placed on the web page of the Committee. The Committee further decided to assign a
United Nations document symbol number to all States parties’ replies (these symbol numbers are
under consideration) to the follow-up and also place them on its website.
55. Since the recommendations to each State party are crafted to reflect the specific situation in
that country, the follow-up responses from the States parties and letters from the Rapporteur
requesting further clarification address a wide array of topics. Among those addressed in the
letters sent to States parties requesting further information have been a number of precise matters
seen as essential to the implementation of the recommendation in question. A number of issues
have been highlighted to reflect not only the information provided, but also the issues that have
not been addressed but which are deemed essential to the Committee’s ongoing work, in order to
be effective in taking preventive and protective measures to eliminate torture and ill-treatment.
56. In the correspondence with States parties, the Rapporteur has noted recurring concerns
which are not fully addressed in the follow-up replies. The following list of items is illustrative,
not comprehensive:
(a) The need for greater precision on the means by which police and other personnel
instruct on and guarantee detainees their right to obtain prompt access to an independent doctor,
lawyer and family member;
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