E/CN.4/2005/62
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Detention, the Special Rapporteur on the right of everyone to the enjoyment of the highest
attainable standard of physical and mental health and the Special Rapporteur on torture visit,
together and at the earliest possible date, those persons arrested, detained or tried on the grounds
of alleged terrorism or other violations, in Afghanistan, Iraq, the Guantánamo Bay military base
and elsewhere, the Government of the United States of America indicated in November 2004,
that in lieu of a visit to these places, a briefing with government officials would be provided for
the four experts in Washington, D.C. The experts agreed to a briefing in Geneva, on a yet-to-be
confirmed date, as long as it was considered as preparation for a forthcoming visit, in accordance
with the usual practice for missions. The Special Rapporteur continued to actively consider
invitations for fact-finding visits extended by the Governments of Bolivia, Georgia, Nepal
and Paraguay. These visits have not yet materialized, for reasons beyond the control of
the Governments concerned. He regrets that his earlier requests to visit Algeria, Egypt,
Equatorial Guinea, India, Indonesia, Israel, the Russian Federation (with respect to the
Republic of Chechnya), Tunisia and Turkmenistan have not yet led to results.
7.
On 13 September 2004, the Special Rapporteur issued a press statement on the lack of
cooperation by the Government of Uzbekistan with United Nations human rights mechanisms in
relation to reports on executions of persons whose death sentences were allegedly based on
confessions extracted under torture.
8.
On 26 October 2004, the Special Rapporteur participated in an expert workshop on the
issue of refoulement and diplomatic assurances, organized by the Jacob Blaustein Institute,
New York.
9.
On 27 October 2004, the Special Rapporteur presented his report to the
General Assembly. In his statement to the Third Committee, he addressed, as a follow-up to
previous interim reports submitted on the issue of the prohibition of torture in the context of
anti-terrorism measures, attempts to circumvent the absolute and non-derogable nature of the
prohibition. He discussed the principle of non-refoulement, recalling the jurisprudence
underlying the principle, and noted the increase in practices being employed to undermine it.
The Special Rapporteur drew attention to the most common consequences faced by victims of
torture, including physical and psychological damage, as well as the consequences which affect
victims’ families and the community at large. On that occasion, the Special Rapporteur
announced his resignation as of 1 December 2004. In doing so, he underlined that the
monitoring activities and victim-oriented approach of the special procedures of the Commission
make them complementary to the role played by the treaty bodies; they are an essential
component of the United Nations system for the promotion and protection of human rights.
Coordination between the various special procedures and the treaty bodies was a responsibility
of the respective mechanisms, and of the Office of the High Commissioner for Human Rights
as well. He stressed that proper follow-up of activities and recommendations of the special
procedures was crucial; without it, their work would have only a limited impact. Finally,
he pointed to the glaring discrepancy between the requirements of the workload of the
mechanisms - a workload that was constantly growing - and the limited human and financial
resources available to cope with it effectively.
10.
On 24 November 2004, the Special Rapporteur, in his capacity as the chairperson of the
eleventh meeting of special procedures mandate-holders, participated in the meeting of heads of
OHCHR human rights field presences in a segment entitled “Ensuring one United Nations
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