E/CN.4/1998/38
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 Commission resolution 1995/37 B. In conformity with this resolution
and with resolution 1997/38, the Special Rapporteur hereby presents his fifth
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 1997. 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 1996 to 5 December 1997. Chapter IV contains
conclusions and recommendations.
2.
In addition to the above-mentioned resolutions, several other
resolutions adopted or reaffirmed by the Commission on Human Rights at its
fifty-third 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: decision 1997/106 reaffirming resolution 1996/32, “Human rights
in the administration of justice, particularly with respect to children and
juveniles in detention”; resolution 1997/16, “Rights of persons belonging to
national or ethnic, religious and linguistic minorities”; resolution 1997/27,
“Right to freedom of opinion and expression”; resolution 1997/28,
“Hostage-taking”; resolution 1997/37, “Human rights and thematic procedures”;
resolution 1997/39, “Internally displaced persons”; resolution 1997/42, “Human
rights and terrorism”; resolution 1997/43, “Integrating the human rights of
women throughout the United Nations system”; resolution 1997/44, “The
elimination of violence against women”; resolution 1997/46, “Advisory
services, technical cooperation and the Voluntary Fund for Technical
Cooperation in the Field of Human Rights”; resolution 1997/56, “Cooperation
with representatives of the United Nations human rights bodies”;
resolution 1997/69, “Comprehensive implementation of and follow-up to the
Vienna Declaration and Programme of Action”; resolution 1997/75, “Human rights
and mass exoduses”; resolution 1997/78, “Rights of the Child”.
I.
MANDATE AND METHODS OF WORK
3.
No mandate-related issues have arisen during the year under review, nor
have there been any new developments in the methods of work of the Special
Rapporteur. Nevertheless, the Special Rapporteur wishes to assure the
Commission on Human Rights that he has continued its 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
or transmitted information alleging violations within his mandate to
Governments, or sought joint missions to Member States, in conjunction with
the following mechanisms: the Working Groups on Enforced or Involuntary
Disappearances and on Arbitrary Detention and the Special Rapporteurs on
extrajudicial, summary or arbitrary executions; independence of judges and
lawyers; freedom of opinion and expression; elimination of violence against
women; Afghanistan; the Islamic Republic of Iran; Myanmar; the Sudan; the
Democratic Republic of the Congo; Rwanda; and Burundi.