A/54/426
rights into their work and explained how he had sought to
give effect to the policy in his own work. In addition, he
was able to attend the United Nations fiftieth anniversary
meeting of the International Scientific Professional
Advisory Council of the United Nations Crime Prevention
and Criminal Justice Programme, held in Courmayeur,
Italy, in October 1995. Although participating on behalf
of the University of Essex Human Rights Centre, he
addressed the gathering on the evolution of the United
Nations thematic machinery, with particular reference to
his own mandate. On the nomination of the Chairperson
of the fifth meeting of special rapporteurs, the Special
Rapporteur also attended the Diplomatic Conference of
Plenipotentiaries on the Establishment of an International
Criminal Court, held in Rome in June/July 1998. He also
attended a round table of the International Institute of
Humanitarian Law on the resulting Rome Statute of the
International Criminal Court, held in San Remo, Italy, in
September 1998. During his tenure, the Special Rapporteur
has also attended numerous conferences and seminars
organized by non-governmental organizations and
academic institutions.
of gender specific forms of torture and the torture of
children. In his report to the fifty-second session of the
Commission on Human Rights, the Special Rapporteur
considered the issue of torture and children
(E/CN.4/1996/35, paras. 9-17).
C. Corporal punishment
41. In his report to the fifty-third session of the
Commission on Human Rights, the Special Rapporteur
addressed the issue of corporal punishment
(E/CN.4/1997/7, paras. 3-11). He noted in this report that
it had been the general practice of the mandate to take up
cases involving corporal punishment, usually by means of
the urgent appeal method. He further noted, however, that
the Government of Saudi Arabia had contested the basis
of the Special Rapporteur’s concern with corporal
punishment and, therefore, he addressed the relationship
of the practice to the mandate of the Special Rapporteur in
that report.
D. Incommunicado detention
IV. Issues of special concern to the
Special Rapporteur
A. Gender-specific forms of torture
39. In paragraph 5 of its resolution 1994/37 the
Commission on Human Rights “invite[d] the Special
Rapporteur to examine questions concerning torture
directed disproportionately or primarily against women and
conditions conducive to such torture, and to make
appropriate recommendations concerning prevention of
gender-specific forms of torture”. In his report to the fiftyfirst session of the Commission on Human Rights, the
Special Rapporteur addressed gender-specific forms of
torture (E/CN.4/1995/34, paras. 15-24).
B. Violation of the prohibition of torture
of children
40. In paragraph 5 of its resolution 1995/37 B the
Commission on Human Rights invited the Special
Rapporteur to examine questions concerning torture
directed primarily against women and children and
conditions conducive to such torture and to make
appropriate recommendations concerning the prevention
42. In his 1988 report to the Commission on Human
Rights at its fifty-fourth session, the Special Rapporteur’s
predecessor recommended, inter alia, that incommunicado
detention should be declared illegal (E/CN.4/1988/17).
Similarly, in its general comment (16) adopted at its
sixteenth session, of 27 July 1982, the Human Rights
Committee states: “Among the safeguards which may make
control effective are provisions against detention
incommunicado, granting, without prejudice to the
investigation, persons such as doctors, lawyers and family
members access to the detainees; provisions requiring that
detainees should be held in places that are publicly
recognized and that their names and places of detention
should be entered in a central register available to persons
concerned, such as relatives ...” 3 Based upon information
received over the course of the past seven years, the Special
Rapporteur is of the view that incommunicado detention
is the most important determining factor as to whether an
individual is at risk of torture. As such, the Special
Rapporteur reiterates the recommendation of his
predecessor and urges all States to declare incommunicado
detention illegal. 4
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