E/CN.4/1995/34
page 4
Introduction
1.
At its forty-first session, the Commission on Human Rights adopted
resolution 1985/33, in which it decided to appoint a special rapporteur to
examine questions relevant to torture. Since then the mandate has been
renewed by Commission resolutions 1986/50, 1987/29, 1988/32, 1990/34 and
1992/32. In resolution 1992/32, the Commission extended the mandate for a
period of three years. In pursuance of these resolutions, the Special
Rapporteur submitted annual reports to the Commission, which are contained
in documents E/CN.4/1986/15, E/CN.4/1987/13, E/CN.4/1988/17 and Add.1,
E/CN.4/1989/15, E/CN.4/1990/17 and Add.1, E/CN.4/1991/17, E/CN.4/1992/17 and
Add.1, E/CN.4/1993/26 and E/CN.4/1994/31.
2.
In its resolution 1993/40, the Commission took note of the resignation
of Mr. P. Kooijmans as Special Rapporteur and requested the Chairman, after
consultations within the Bureau, to appoint an individual of recognized
international standing as his successor. As a result, Mr. Nigel S. Rodley
(United Kingdom) was appointed Special Rapporteur.
3.
In conformity with resolutions 1992/32, 1993/4 and 1994/37, the
Special Rapporteur hereby presents his second report to the Commission.
Chapter I deals with a number of aspects pertaining to the mandate and
methods of work. Chapter II consists mainly of a review of the information
transmitted by the Special Rapporteur to Governments, as well as the replies
received, from 16 December 1993 to 20 December 1994. Chapter III contains
conclusions and recommendations.
4.
In addition to the above-mentioned resolutions, several other resolutions
adopted by the Commission on Human Rights at its fiftieth 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 with regard to the different countries. These
resolutions are, in particular:
(a)
Resolution 1994/22, entitled "Rights of persons belonging to
national or ethnic, religious and linguistic minorities", in which the
Commission urged the Special Rapporteur to continue to give due regard to the
Declaration on the Rights of Persons Belonging to National or Ethnic,
Religious and Linguistic Minorities;
(b)
Resolution 1994/33, entitled "Right to freedom of opinion and
expression", in which the Commission invited the Special Rapporteur to pay
attention to the situations of persons detained, subjected to violence,
ill-treated or discriminated against for having exercised the right to freedom
of opinion and expression as affirmed in the Universal Declaration of Human
Rights and, where applicable, the International Covenant on Civil and
Political Rights;
(c)
Resolution 1994/34, entitled "Human rights in the administration
of justice", in which the Commission called upon the Special Rapporteur to
continue to provide, wherever appropriate, specific recommendations in regard
to the effective protection of human rights in the administration of justice,