E/CN.4/1997/7
page 49
Annex
METHODS OF WORK OF THE SPECIAL RAPPORTEUR ON TORTURE
1.
The Special Rapporteur's methods of work are based on his mandate as
stipulated originally in Commission on Human Rights resolution 1985/33 and as
developed by the Commission in numerous further resolutions. The parameters
of his work are set forth in the International Bill of Human Rights and other
United Nations instruments containing provisions that guarantee the right not
to be tortured or subjected to cruel, inhuman or degrading treatment or
punishment.
2.
The Special Rapporteur carries out the following main types of activity:
(a)
Seeking and receiving credible and reliable information from
Governments, the specialized agencies and intergovernmental and
non-governmental organizations;
(b)
Making urgent appeals to Governments to clarify the situation of
individuals whose circumstances give grounds to fear that treatment falling
within the Special Rapporteur's mandate might occur or be occurring;
(c)
Transmitting to Governments information of the sort mentioned in
(a) above indicating that acts falling within his mandate may have occurred or
that legal or administrative measures are needed to prevent the occurrence of
such acts;
(d) carrying out visits
concerned.
in situ with the consent of the Government
3.
An urgent appeal is made on the basis of information received by the
Special Rapporteur expressing concern about the fact that a person is at risk
of being subjected to torture. Such concern may be based,
inter alia , on
accounts by witnesses of the person's physical condition while in detention,
or on the fact that the person is kept incommunicado, a situation which may be
conducive to torture. The Special Rapporteur, when making a determination as
to whether there are reasonable grounds to believe that an identifiable risk
of torture exists, takes into account a number of factors, any one of which
may be sufficient, though generally more than one will be present. These
factors include: (a) the previous reliability of the source of information;
(b) the internal consistency of the information; (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 those established in the framework of the United Nations human
rights machinery; (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.
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