E/CN.4/1997/7
page 4
Introduction
1.
The mandate of the Special Rapporteur on torture, assigned since
April 1993 to Mr. Nigel S. Rodley (United Kingdom), was renewed for three more
years by the Commission on Human Rights in its resolution 1995/37 B. In
conformity with this resolution and with resolution 1996/33 B, the Special
Rapporteur hereby presents his fourth report to the Commission. Chapter I
deals with a number of aspects pertaining to the mandate and methods of work.
Chapter II summarizes his activities during 1996. Chapter III consists mainly
of a review of the information transmitted by the Special Rapporteur to
Governments, as well as the replies received, from 15 December 1995 to
15 December 1996. Chapter IV contains conclusions and recommendations.
2.
In addition to the above-mentioned resolutions, several other
resolutions adopted by the Commission on Human Rights at its fifty-second
session are also pertinent within the framework of the mandate of the
Special Rapporteur and have been taken into consideration in examining and
analysing the information brought to his attention. These resolutions are, in
particular: resolution 1996/20, “Rights of persons belonging to national or
ethnic, religious and linguistic minorities”; resolution 1996/32, “Human
rights in the administration of justice, in particular of children and
juveniles in detention”; resolution 1996/46, “Human rights and thematic
procedures”; resolution 1996/47, “Human rights and terrorism”;
resolution 1996/48, “Question of integrating the rights of women throughout
the United Nations system”; resolution 1996/49, “The elimination of violence
against women”; resolution 1996/51, “Human rights and mass exoduses”;
resolution 1996/52, “Internally displaced persons”; resolution 1996/53, “Right
to freedom of opinion and expression”; resolution 1996/55, “Advisory services,
technical cooperation and the Voluntary Fund for Technical Cooperation in the
Field of Human Rights”; resolution 1996/62, “Hostage-taking”;
resolution 1996/78, “Comprehensive implementation of and follow-up to the
Vienna Declaration and Programme of Action”; resolution 1996/85, “Rights of
the Child”.
I.
MANDATE AND METHODS OF WORK
A.
The mandate
3.
There have been no changes to the mandate of the Special Rapporteur,
which is primarily concerned with torture, as well as with what the first
Special Rapporteur, Professor Peter Kooijmans, described as the “grey zone”
between torture and other forms of cruel, inhuman and degrading treatment or
punishment (see E/CN.4/1986/15, para. 33). Among the phenomena understood as
falling within the “grey zone” was that of corporal punishment and it has been
the general practice under the mandate to take up cases involving corporal
punishment, usually by means of the urgent appeal method.
4.
However, as indicated in the addendum to this report
(E/CN.4/1997/7/Add.1, para. 435), the Government of Saudi Arabia has contested
the basis of the Special Rapporteur’s concern with corporal punishment.
Informal contacts with Governments and non-governmental organizations have
also suggested a more generalized interest in the conceptual issues raised by