E/CN.4/2006/6
page 5
From 10 to 16 September 2005 the Special Rapporteur visited Nepal, where he found the
practice of torture to be systematic and practised by the police, the armed police, and the
Royal Nepalese Army. These conclusions are based, inter alia, on the large number or serious
allegations received, on convincing medical evidence and on surprisingly frank admissions by
high police and military commanders that torture is indeed practised systematically against
suspected Maoists. At the same time, he also found shocking cases of particularly cruel
treatment and punishment committed by Maoist forces. From 21 November to 2 December, the
Special Rapporteur visited China where he concluded that the practice of torture, though on the
decline, still remains widespread in the country. He was particularly concerned about the
continuing practice of forced re-education of persons with dissident or non-conformist opinions,
aimed at changing their personality and breaking their will, both in special re-education through
labour camps, regular prisons, and even in pretrial detention facilities. Such practices, in the
opinion of the Special Rapporteur, constitute a systematic form of inhuman and degrading
treatment and are incompatible with a modern society based on a culture of human rights,
democracy and the rule of law. The findings, conclusions and recommendations of these visits
can be found in the addenda to this report.
6.
Concerning the joint request made in June 2004 for an invitation to visit the United States
Naval Base at Guantánamo Bay, on 27 October 2005, the Government finally responded with an
invitation to only three of the five experts of the Commission on Human Rights entrusted with a
joint investigation, namely the Special Rapporteur on the question of torture, the Special
Rapporteur on freedom of religion or belief, and the Chairperson-Rapporteur of the Working
Group on Arbitrary Detention. Moreover, the Government limited the visit to one day and
explicitly excluded private interviews or visits with detainees. On 31 October, the experts
agreed to the short duration of the visit and the limitation on the number of mandate-holders
invited, and decided to visit the base on 6 December 2005. However, they could not accept the
exclusion of private interviews with detainees, which, in the view of the experts, would not only
contravene the terms of reference for fact-finding missions by special procedures, but would also
undermine the purpose of making an objective and fair assessment of the situation of the
detainees. On 18 November 2005, the experts reported that the Government did not accept this
precondition for a visit, and therefore the mission envisaged for 6 December, unfortunately had
to be cancelled. As indicated above, a joint report on the applicability of international
human rights law to detention in Guantánamo, as well as the situation of human rights of the
detainees, based on factual information gathered by various means, including from interviews
with former detainees, is before the Commission.
7.
The Special Rapporteur reports that in view of the previous invitations extended by the
Governments of Paraguay and Bolivia, in addition to the positive indications received from the
Governments of the Russian Federation (an invitation was first requested in 2000), Côte d’Ivoire
(2005) and Togo (2005), he hopes to realize the visits to those countries in the near future.
He regrets that despite long-standing requests, invitations have not been received from the
Governments of Algeria (1997), Egypt (1996), India (1993), Indonesia (1993), Israel (2002),
Tunisia (1998) and Turkmenistan (2003). In May 2005, the Special Rapporteur requested
invitations from the Governments of Belarus, Equatorial Guinea, Eritrea, Ethiopia, the
Islamic Republic of Iran, Nigeria, Sri Lanka, the Syrian Arab Republic and Zimbabwe. In
December 2005, the Special Rapporteur requested invitations from Afghanistan, Iraq, Jordan,
the Libyan Arab Jamahiriya, Saudi Arabia and Yemen.