E/CN.4/2003/68 page 6 12. Individual cases regarding which no reply has been received are re-sent the following year until a reply is received. The Special Rapporteur notes with concern that a number of Governments have failed to provide any replies on cases originally sent in 1997 and 1998. The Special Rapporteur analyses responses from Governments and transmits the contents to the sources of the allegations, as appropriate, for comment. This practice will mainly concern cases where the facts appear to be contradicted. If required, dialogue with the Government is then pursued further. 13. The Special Rapporteur wishes to make it clear communications regarding individual cases - urgent appeals and allegations - do not constitute any judgement on his part concerning the merits of the cases. In transmitting those communications, the Special Rapporteur does not associate himself with or condone in any way acts or activities of the persons on whose behalf he intervenes. No matter how wrongly, dangerously, or even criminally a person may act, every human being is legally and morally entitled to protection on the basis of internationally recognized human rights and fundamental freedoms. This applies a fortiori where a non-derogable right, such as the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, is involved. Fact-finding missions 14. The Special Rapporteur carries out visits to countries on invitation, but also takes the initiative of approaching Governments with a view to carrying out visits to countries concerning which he has received information indicating the existence of a significant incidence of torture. Such visits should allow the Special Rapporteur to gain more direct knowledge of situations falling within his mandate, and are intended to enhance the dialogue between the Special Rapporteur and the authorities most directly concerned, as well as with the alleged victims, their families and legal representatives and non-governmental organizations, with a view to making detailed recommendations. When contemplating whether to request an invitation, the Special Rapporteur takes into account, first and foremost, the number, quality and gravity/nature of the allegations received and the potential impact that a mission to the country concerned may have on the overall human rights situation. The Special Rapporteur welcomes the decision by an increasing number of States to extend a standing invitation to all thematic special procedures of the Commission on Human Rights and would urge others to seriously consider extending such an invitation. 15. 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/representative on the country, unless a joint visit seems to both to be indicated. For countries where the mandates of other thematic mechanisms may also be affected, the Special Rapporteur would consult with the latter with a view to exploring with the Government in question, either jointly or in parallel, the possibility of a joint visit. 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 Degrading Treatment or Punishment, especially if that consideration involves a visit or possible visit by the Committee to the country in question, the Special Rapporteur does not seek a visit.

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