E/CN.4/1997/7
page 7
corporal punishment, the Special Rapporteur must consider that those States
applying religious law are bound to do so in such a way as to avoid the
application of pain-inducing acts of corporal punishment in practice. In this
connection, he draws attention to the axiomatic doctrine that a State may not
invoke the provisions of its national law to justify non-compliance with
international law.
11.
The Special Rapporteur notes support for his view in the position of the
Human Rights Committee, which has affirmed on at least two occasions that the
prohibition on torture and cruel, inhuman or degrading treatment or punishment
contained in article 7 of the International Covenant on Civil and Political
2
Rights extends to corporal punishment.
Furthermore, the Sub-Commission on
Prevention of Discrimination and Protection of Minorities, in
resolution 1984/22, recommended to the Commission on Human Rights to urge
Governments of States which maintain the penalty of amputation “to take
appropriate measures to provide for other punishment consonant with article 5
[of the Universal Declaration of Human Rights]”. The United Nations
General Assembly has also addressed the issue with respect to the
administration of Trust Territories, recommending in resolutions 440 (V) of
2 December 1950 and 562 (VI) of 18 January 1952 that immediate measures be
taken to abolish corporal punishment in the Trust Territories. Corporal
punishment is plainly prohibited in the context of international armed
conflict by the Third and Fourth Geneva Conventions and Additional Protocol I
and, in non-international armed conflict, by Additional Protocol II. Finally,
various organs of the Commission on Human Rights have contested resort to
corporal punishment, including the previous Special Rapporteur on torture (see
E/CN.4/1993/26, para. 593), the Special Rapporteur on the situation of human
rights in Afghanistan (see A/51/481, annex, para. 81), the Special
Representative on the situation of human rights in the Islamic Republic of
Iran (see E/CN.4/1991/35, para. 494), the Special Rapporteur on the situation
of human rights in Iraq (E/CN.4/1995/56, para. 32; E/CN.4/1996/61, para. 29;
A/51/496, annex, para. 108), and the Special Rapporteur on the situation of
human rights in the Sudan (E/CN.4/1994/48, paras. 59-61).
B.
Methods of work
12.
The Special Rapporteur has continued to follow the methods of work
described in the first report of his tenure (E/CN.4/1994/31, chap. I) and
approved by the Commission in its resolutions 1994/37, paragraph 13,
1995/37 B, paragraph 6 and 1996/33 B, paragraph 6. In the light of frequent
requests from governmental and non-governmental sources for information
concerning the methods of work of the Special Rapporteur, a recapitulation
of the methods is contained in Annex 1 to this report.
13.
The Special Rapporteur has continued the recent practice of cooperating
with the holders of other Commission mandates to avoid duplication of activity
in respect of country-specific initiatives. Thus, he has sent urgent appeals
to Governments in conjunction with the following mechanisms: Working Group
on Arbitrary Detention; Special Rapporteurs on extrajudicial, summary or
arbitrary executions; on the independence of judges and lawyers and on freedom
of opinion and expression; Special Representative of the Secretary-General on
internally displaced persons; Special Rapporteurs on the situation of human
rights in Burundi, Cuba, Myanmar, the Sudan, the former Yugoslavia and Zaire;