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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