E/CN.4/1994/31
page 136
efforts of the Commission on Human Rights and the Sub-Commission on
Prevention of Discrimination and Protection of Minorities to examine all
aspects of the issue."
In addition, concerning the specific issue of torture, part II, paragraph 60
states:
"60. States should abrogate legislation leading to impunity for those
responsible for grave violations of human rights such as torture and
prosecute such violations, thereby providing a firm basis for the rule of
law."
669. Furthermore, in resolution 1993/40, under which the Special Rapporteur
was appointed, the Commission on Human Rights endorsed the recommendation of
his predecessor that whenever a complaint of torture is found to be justified,
the perpetrators should be severely punished, especially the official in
charge of the place of detention where the torture is found to have taken
place. (E/CN.4/1992/17, para. 294 (i)).
670. In the final analysis, the elimination of torture is a matter of
political will. Its persistence is testimony to the failure of political
will. Where it occurs the absence of safeguards and the prevalence of
impunity is the measure of the gap between the commitment to its eradication
and the political will required to enforce the commitment.
671. The Special Rapporteur appreciates the spirit of cooperation shown by
those Governments that have responded to information he has transmitted to
them. Yet he cannot conceal his disappointment at the incidence of responses
that seem designed more to camouflage rather than deal with serious situations
characterized by torture, such as flat denials, references to unspecified or
unsubstantiated investigations, references to legal procedures that have
already been so compromised as to be incapable of affording the inquiry or
information or remedy they are alleged to be able to afford. There is no
dearth of recommendations that may be made to Governments seriously committed
to ending torture. Most of them have been made by the previous Special
Rapporteur and endorsed by the Commission. The Special Rapporteur confirms
his own view as to their value and commends them for serious action by
Governments.
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