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treatment or punishment is considered to be well founded,
the alleged offender or offenders shall be subject to
criminal, disciplinary or other appropriate proceedings;
(d) Where it is proved that an act of torture or other
cruel, inhuman or degrading treatment or punishment has
been committed by or at the instigation of a public official,
the victim shall be afforded redress and compensation in
accordance with national law;
(e) Any statement which is established to have been
made as a result of torture or other cruel, inhuman or
degrading treatment or punishment may not be invoked as
evidence against the person concerned or against any other
person in any proceedings;
(f) No State shall expel, return (refouler) or
extradite a person to another State where there are
substantial grounds for believing that he would be in
danger of being subjected to torture.
III. Methods of work and other activities
since 1993
13. The Special Rapporteur discharges his mandate
mainly on the basis of information brought to his attention
by non-governmental organizations, Governments,
individuals and intergovernmental organizations. These
communications contain specific cases of alleged torture
and cruel, inhuman or degrading treatment or punishment
and general information about questions related to torture.
14. While many of the organizations and individuals
providing allegations are well known to the Special
Rapporteur and other United Nations human rights
officials as sources of credible information, sometimes
allegations are received from less well-known or entirely
new sources. The main criteria applied by the Special
Rapporteur in the evaluation of such allegations are the
degree of detail they contain concerning the victims and
the precise circumstances of the given incident. Where
doubt persists, the Special Rapporteur will seek
corroboration of these allegations from other sources of
undisputed credibility. The way in which the sources of
allegations respond to the Special Rapporteur’s requests
for comments on the contents of government replies and/or
for additional details to clarify the cases they submitted
will provide the Special Rapporteur with a basis for
assessing the reliability of the sources. Where the
information is considered to be credible, the Special
Rapporteur transmits the allegations to the Governments
concerned, either in the form of an urgent appeal or a letter.
A. Letters of general allegation
15. In the first report submitted by the Special
Rapporteur to the fiftieth session of the Commission on
Human Rights, he reported that it was only possible to send
one letter to Governments transmitting information
alleging violations of the prohibition of treatment within
the Special Rapporteur’s mandate, regardless of the
incidence and quality of the information addressed to the
Special Rapporteur. At the time he noted that this was an
unfortunate situation: first, because it is desirable for
Governments to be in possession of relevant information
as expeditiously as possible; and second, because when
information is transmitted later in the year, little time is
left for the receipt of a response that can be reflected in the
Special Rapporteur’s report for the year in question. This
leads to even an initial exchange of correspondence being
spread across more than one report. This, in turn, makes
it difficult for a reader to obtain a properly balanced
perspective concerning the original allegations or to assess
the significance of any later governmental response.
Moreover, much information that arrives after the
transmittal of a letter to a Government must then wait until
the following year before being transmitted to that
Government. Further, if any response from a Government
seems to the Special Rapporteur to warrant elucidation, he
is only in a position to seek that elucidation within the
context of the next letter of transmittal of information (see
E/CN.4/1994/31, paras. 9 and 10). Regrettably, the limited
resources of the Office of the United Nations High
Commissioner for Human Rights continue to dictate that
only one letter can be transmitted each year to
Governments.
16. Between December 1993 and 10 December 1998, the
Special Rapporteur transmitted 330 letters, involving
approximately 3,357 individuals, as well as 34 groups
involving approximately 905 individuals.
17. Since December 1993, letters have been transmitted
to the following 127 countries: Afghanistan, Algeria,
Albania, Angola, Argentina, Armenia, Australia, Austria,
Azerbaijan, Bahamas, Bahrain, Bangladesh, Belgium,
Bhutan, Bolivia, Brazil, Bulgaria, Cambodia, Cameroon,
Canada, Chad, Chile, China, Colombia, Congo, Côte
d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic,
Democratic Republic of the Congo (former Zaire),
Denmark, Djibouti, Dominican Republic, Ecuador, Egypt,
El Salvador, Equatorial Guinea, Guinea-Bissau, Ethiopia,
5