E/CN.4/1991/17
page 3
10. The Special Rapporteur himself is not in a position to evaluate the
veracity of the allegation. This can only be done through an investigation on
the spot by the national authorities. Only they are in a position to verify
or disprove the allegation by informing the Special Rapporteur about the way
they have carried out this investigation and about its outcome. It is the
Special Rapporteur's opinion that a reply should contain information about the
authority responsible for the investigation, the persons questioned, the
results of the medical examination and the identity of the person who
performed it, the decision on a complaint which was eventually filed and the
grounds for this decision, as well as any other relevant material. A flat
denial, or a reference to the prohibition of torture under national law or to
the fact that the individual has not submitted any complaint or has been
released cannot be seen as satisfactory replies. Finally, if the authorities
are of the opinion that allegations are made for the sole purpose of smearing
the Government, they can always invite the Special Rapporteur to carry out an
investigation himself.
11. The number of requests for urgent appeals is steadily increasing. The
Special Rapporteur feels that the possibility to send urgent appeals is a
unique feature of the Commission's thematic mandates. Such appeals are purely
humanitarian in character. They refer to situations where people are actually
under detention and where fear is expressed that they are or may be subjected
to torture. Such fear may be based on various grounds. Sometimes relatives
who have visited them, or other prison inmates, have seen that their physical
condition is extremely bad or that their bodies bear marks of torture. In
other cases it is reported that the arrested persons are held incommunicado
and, since incommunicado detention is highly conducive to torture, fear that
torture may be practised is comprehensible. In all such cases the
Special Rapporteur feels that the humanitarian character of his mandate
obliges him to make such an urgent appeal. These appeals, therefore, should
certainly not be seen as accusations. In some cases the Government itself may
not be aware of the actual situation and, only after receiving the appeal, may
be in a position to look into the matter and instruct the authorities
concerned to respect the individual's right to physical and mental integrity.
Since torture is absolutely prohibited and cannot be justified under any
circumstances, each Government is obliged to take all necessary steps to
prevent its occurrence. The urgent appeal procedure is an excellent
instrument to serve that purpose.
12. Resolution 1990/34 of the Commission appealed to Governments to
co-operate with and assist the Special Rapporteur in the performance of his
tasks and to furnish all information requested. During 1990 a higher
proportion of Governments which received letters and/or urgent appeals have
heeded that request by providing the Special Rapporteur with information,
although this information cannot always be deemed satisfactory. The
Special Rapporteur wishes to express his appreciation to Governments which
provided him with information and co-operated willingly with him. He feels
that these Governments in doing so comply with the obligation under Article 56
of the Charter of the United Nations "to take joint and separate action in
co-operation with the Organization for the achievement of the purposes set
forth in Article 55", viz. "the promotion of universal respect for, and
observance of, human rights and fundamental freedoms for all without
distinction as to race, sex, language or religion". Since the mandate of the