E/CN.4/2003/68 page 7 16. In accordance with the terms of reference for fact-finding missions by special rapporteurs/representatives of the Commission on Human Rights adopted by the fourth meeting of special rapporteurs/representatives, independent experts and chairpersons of working groups of the special procedures of the Commission on Human Rights and of the Advisory Services Programme (E/CN.4/1998/45, annex V), before a fact-finding mission takes place, the Government concerned is asked to guarantee the following to the Special Rapporteur and accompanying United Nations staff: freedom of movement throughout the country; freedom of inquiry, especially in terms of access to all detention centres and places of interrogation; free contact with central and local authorities of all branches of Government; free contact with representatives of non-governmental organizations, other private institutions and the media; confidential and unsupervised contacts with witnesses and other private individuals, including persons deprived of their liberty; and full access to all documentary material relevant to the mandate. The Government is also asked for assurances that no persons, be they officials or private individuals, who have been in contact with the Special Rapporteur in connection with the mandate will suffer threats, harassment or punishment on that account or be subjected to judicial proceedings. As stated by the meeting, these terms of reference “are the minimum necessary to ensure the independence, impartiality and safety of visits by the Special Rapporteurs to the field. These terms of reference do not exclude additional safeguards, depending on the mandates or circumstances” (ibid., para. 71). 17. During the mission, the Special Rapporteur meets with representatives of the Government, non-governmental organizations and the legal profession, alleged victims of torture and relatives of victims. He visits places of detention and of interrogation to obtain first-hand knowledge of how the criminal legal process operates, from arrest to enforcement of the sentence. Confidential and unsupervised interviews are conducted with victims of torture, witnesses and other private persons, including those deprived of their liberty. In the mission report, the Special Rapporteur may give an account of individual allegations received. Although the monitoring of conditions of detention are not specifically mentioned in the mandate, they may well be pertinent, especially when they constitute a grave risk to the life or health of detainees. 18. With regard to countries in which visits have been carried out, the Special Rapporteur periodically reminds the Governments concerned of the observations and recommendations formulated in the respective reports, requesting information on the consideration given to them and the steps taken to implement them, or the constraints which may prevent their implementation. The Special Rapporteur would also welcome information from non-governmental organizations and other interested parties regarding measures taken in follow-up to his recommendations. Thus, a dialogue on measures that might be undertaken by the concerned authorities may be established. Reports 19. The Special Rapporteur is mandated by the Commission and the General Assembly to report on an annual basis to both organs. Reports to the Commission contain summaries of all communications (urgent appeals and allegation letters) transmitted to Governments and the

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