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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