E/CN.4/1997/7
page 50
4.
The urgent appeal procedure is not per se accusatory, but essentially
preventive in nature and purpose. The Government concerned is merely
requested to look into the matter and to take steps aimed at protecting the
right to physical and mental integrity of the person concerned, in accordance
with the international human rights standards.
5.
In view of the fact that the urgent appeal contains information that is
extremely time-sensitive, the appeal is addressed directly to the foreign
affairs ministry or department of the country concerned.
6.
The Special Rapporteur, where appropriate, sends urgent appeals jointly
with other organs of the United Nations human rights machinery.
7.
The Special Rapporteur transmits to Governments summaries of all
credible and reliable information addressed to him alleging individual cases
as well as practices of torture. At the same time he requests the Governments
to look into those allegations and to provide him with relevant information on
them. In addition, the Special Rapporteur urges Governments to take steps to
investigate the allegations; to prosecute and impose appropriate sanctions on
any persons guilty of torture regardless of any rank, office or position they
may hold; to take effective measures to prevent the recurrence of such acts;
and to compensate the victims or their relatives in accordance with the
relevant international standards.
8.
The Special Rapporteur analyses responses from Governments and transmits
the contents to the sources of the allegations, as appropriate, for comment.
If required, dialogue with the Government is then pursued further.
9.
The Special Rapporteur does, where appropriate, acknowledge the
existence of persistent acts of violence, including torture, committed by
armed groups when these are brought to his attention. However, in
transmitting allegations of torture he deals exclusively with Governments, as
the authorities bound by the regime for the international legal protection of
human rights.
10.
The Special Rapporteur maintains contact and, where appropriate, engages
in consultation with related bodies and mechanisms of the United Nations human
rights machinery, such as the Committee against Torture and other organs of
the Commission on Human Rights, the Board of Trustees of the United Nations
Voluntary Fund for Victims of Torture and the Commission on Crime Prevention
and Criminal Justice.
11.
The Special Rapporteur does not, as a rule, seek to visit a country in
respect of which the United Nations has established a country-specific
mechanism such as a special rapporteur on the country, unless a joint visit
seems to both to be indicated. As regards countries where the mandates of
other thematic mechanisms may also be affected, he seeks consultation with
them with a view to exploring with the Government in question, either jointly
or in parallel, the possibility of a joint visit. Similarly, where the
Committee against Torture is considering the situation in a country under
article 20 of the Convention against Torture and Other Cruel, Inhuman or
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