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Special Rapporteur met with the Committee against Torture in a public meeting of the
Committee and discussed with the Committee means and methods of enhancing cooperation and
coordination. On 14 July 2002, the Special Rapporteur addressed the third Summer Course on
International Humanitarian Law organized by the International Institute of Humanitarian Law in
San Remo, Italy (“Prevention and Prohibition of Torture”). On 25 and 26 October 2002, he
attended an international expert meeting on security equipment and the prevention of torture
organized by the international secretariat of Amnesty International in London.
24.
With respect to country visits, the Special Rapporteur would like to inform the
Commission on Human Rights that since the last session of the Commission consultations have
been held with the Governments of Bolivia, Georgia and Uzbekistan with a view to finalizing
arrangements. At the time of writing, a mission to Uzbekistan had been scheduled for
December 2002. A mission to Bolivia is planned for early 2003 while a mission to Georgia may
take place in early summer 2003. Mission reports available before the fifty-ninth session of the
Commission will appear as addenda to the present report.
25.
The Special Rapporteur notes with regret that his requests for invitations to carry out
visits to Algeria, Egypt, India, Indonesia, Israel, the Russian Federation with respect to the
Republic of Chechnya, and Tunisia have not been complied with so far. He hopes that ongoing
consultations with the Governments of China and Nepal will lead to concrete results shortly.
III. CONCLUSIONS AND RECOMMENDATIONS
26.
A revised version of the recommendations made by his predecessor (A/56/156, para. 39)
is presented below. The Special Rapporteur would like again to encourage States to reflect upon
them as a useful tool in efforts to combat torture. Since these recommendations are presented in
the language of recommendations, the word “should” is consistently used. It must, however, be
understood that whenever these recommendations are directly based on obligations contained in
legal instruments, the wording of these recommendations in no way detracts from these
obligations. The recommendations are:
(a)
Countries that are not party to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment and its Optional Protocol or the International
Covenant on Civil and Political Rights and its two Optional Protocols should sign and ratify or
accede to these legal instruments. Torture should be designated and defined as a specific crime
of the utmost gravity in national legislation. In countries where the law does not give the
authorities jurisdiction to prosecute and punish torture, wherever the crime has been committed
and whatever the nationality of the perpetrator or victim (universal jurisdiction), the enactment
of such legislation should be made a priority;
(b)
Countries should sign and ratify or accede to the Rome Statute of the International
Criminal Court with a view to bringing to justice perpetrators of torture in the context of
genocide, crimes against humanity and war crimes;
(c)
Legislation providing for corporal punishment, including excessive chastisement
ordered as a punishment for a crime or disciplinary punishment, should be abolished. In
particular, countries should take adequate legal and other measures, including educational ones,