E/CN.4/1994/31
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(c)
The consistency of the information with information on other cases
from the country in question that has come to the Special Rapporteur’s
attention;
(d) The existence of authoritative reports of torture practices from
national sources, such as official commissions of inquiry;
(e) The findings of other international bodies, such as United Nations
country rapporteurs and representatives, the Human Rights Committee, the
Committee against Torture and regional human rights bodies, in particular, the
European Committee for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment;
(f) The existence of national legislation, such as that permitting
prolonged incommunicado detention, that can have the effect of facilitating
torture; and
(g) The threat of extradition or deportation, directly or indirectly, to
a State or territory where one or more of the above elements are present.
8.
The above is not intended to be an exhaustive list. Nor will the urgent
appeals generally identify which factors the Special Rapporteur has borne in
mind. This is because the Special Rapporteur considers it necessary that he
bring his judegment to bear on the case at hand and that the principle of
safeguarding human dignity and the integrity of the person dictates that he
err on the side of protection of potential victims under his mandate rather
than on the side of avoiding administrative inconvenience for Governments.
Further, the more the appeals were to contain formal substantiation for their
having been sent, the more they would begin to resemble accusations. Such an
effect would be incompatible with the preventive nature and purpose of the
urgent appeal procedure.
9.
With regard to the transmittal of information alleging violations of the
prohibition of treatment within the Special Rapporteur’s mandate, the Special
Rapporteur has continued to send summaries of information giving cause for
concern to Governments. As a result of the gap between the resignation of
Mr. Peter Kooijmans and the appointment of his successor, it was only possible
to begin processing and transmittal of letters containing such information in
August 1993. Further letters were sent in October/November 1993. In general,
it was only possible to send one letter to any particular Government,
regardless of the incidence and quality of the information addressed to the
Special Rapporteur. This is an unfortunate situation; first, because it is
desirable for Governments to be in possession of relevant information as
expeditiously as possible and, second, because when information is transmitted
later in the year, little time is left for the receipt of a response
susceptible of being reflected in the Special Rapporteur’s report for the year
in question. This leads to even an initial exchange of correspondence being
spread across more than one report. This, in turn, makes it difficult for a
reader to obtain a properly balanced perspective concerning the original
allegations or to assess the significance of any later governmental response.
Moreover, much information that arrives after the transmittal of a letter to a
Government must then wait until the following year before being transmitted to
that Government. Further, if any response from a Government seems to the