A/54/426 I. Introduction 1. The present report has been submitted by the Special Rapporteur on the question of torture and other cruel, inhuman or degrading treatment or punishment pursuant to General Assembly resolution 53/139 and resolution 1999/32 of the Commission on Human Rights. It is the first written report to be submitted to the General Assembly1 since the forty-first session of the Commission on Human Rights, at which the Commission adopted resolution 1985/33, in which it decided to appoint a special rapporteur to examine questions relevant to torture. 2. The Special Rapporteur, Sir Nigel Rodley, was appointed by the Chairman of the Commission on Human Rights in 1993, pursuant to resolution 1993/40, when his predecessor, Peter Kooijmans, resigned. The Special Rapporteur has subsequently presented six annual reports to the Commission on Human Rights; his predecessor presented eight annual reports to the Commission on Human Rights. 3. The present report covers the period from 15 December 1992 to 31 August 1999, the period reported on by the present Special Rapporteur. The period from 1985 to 1992 is summarized in paragraphs 4 to 6 below. In chapter II, the Special Rapporteur provides an interpretation of the mandate entrusted to him and the legal framework in which it has been implemented. Chapter III covers the methods of work and the activities undertaken since 1993. Chapter IV presents issues of special concern to the Special Rapporteur. Finally, chapter V contains the Special Rapporteur’s concluding remarks and recommendations. 5. Pursuant to this mandate, the Special Rapporteur established contact with Governments requesting information on the legislative and administrative measures taken to prevent torture and to remedy its consequences whenever it occurs. Further, the provision of the mandate calling upon him to respond effectively to the credible and reliable information that comes before him led to the urgent action procedure by which the Special Rapporteur requests assurances from the concerned Government to ensure protection of the individual’s right to physical and mental integrity. B. Terms of reference 6. The Special Rapporteur has followed the principle of continuity in the discharge of the mandate conferred on him pursuant to resolutions of the Commission on Human Rights. Thus, his work is characterized by the following main types of activity: (a) Seeking and receiving credible and reliable information from Governments, the specialized agencies and non-governmental organizations; (b) Making urgent appeals to Governments to clarify the situation of individuals whose circumstances give grounds to fear that treatment falling within the Special Rapporteur’s mandate might occur or be occurring; 2 (c) Transmitting to Governments information of the sort mentioned in (a) above indicating that acts falling within his mandate may have occurred or that legal or administrative measures are needed to prevent the occurrence of such acts; II. Mandate (d) Carrying out visits in situ with the consent of the Government concerned. A. History 7. In addition to the resolutions renewing his mandate (1986/50, 1987/29, 1990/34, 1992/32, 1995/37 B and 1998/38), several resolutions adopted or reaffirmed by the Commission on Human Rights at its fifty-fifth session are also pertinent within the framework of the mandate and have been taken into consideration by the Special Rapporteur in examining and analysing the information brought to his attention. These resolutions are, in particular: 1999/27, entitled “Human rights and terrorism”; 1999/30, “Question of a draft optional protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment”; 1999/31, “Independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers”; 4. 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, requesting him to seek and receive credible and reliable information on such questions and to respond to that information without delay. The mandate was subsequently renewed by the Commission in 1986, 1987, 1988, 1990, in resolution 1992/32 (when the Commission extended the mandate for a period of three years), in 1995 and 1998. 3