A/54/426
France, Gambia, Georgia, Greece, Guatemala, Guinea,
Haiti, Honduras, Hungary, India, Indonesia, Iran (Islamic
Republic of), Iraq, Israel, Italy, Jamaica, Japan, Jordan,
Kazakhstan, Kenya, Kyrgyzstan, Lao People’s Democratic
Republic, Latvia, Lebanon, Lesotho, Libyan Arab
Jamahiriya, Malaysia, Maldives, Mauritania, Mexico,
Morocco, Mozambique, Myanmar, Namibia, Nepal, Niger,
Nigeria, Norway, Pakistan, Paraguay, Peru, Philippines,
Poland, Portugal, Qatar, Republic of Korea, Romania,
Russian Federation, Rwanda, Saudi Arabia, Senegal, Sierra
Leone, Slovakia, South Africa, Spain, Sri Lanka, Sudan,
Swaziland, Sweden, Switzerland, Syrian Arab Republic,
Tajikistan, Thailand, Trinidad and Tobago, Togo, Tunisia,
Turkey, Turkmenistan, Uganda, Ukraine, United Arab
Emirates, United Kingdom of Great Britain and Northern
Ireland, United Republic of Tanzania, United States of
America, Uzbekistan, Venezuela, Viet Nam, Yemen,
Yugoslavia, Zambia and Zimbabwe. The Special
Rapporteur has also transmitted information to the
Palestinian Authority.
B. Urgent appeals
18. An urgent appeal is made on the basis of information
received by the Special Rapporteur expressing concern
about the fact that a person is at risk of being subjected to
torture. Such concern may be based, inter alia, on accounts
by witnesses of the person’s physical condition while in
detention, or on the fact that the person is kept
incommunicado, a situation which may be conducive to
torture. The Special Rapporteur, when making a
determination as to whether there are reasonable grounds
to believe that an identifiable risk of torture exists, takes
into account a number of factors, any one of which may be
sufficient, though generally more than one will be present.
These factors include: (a) the previous reliability of the
source of the information; (b) the internal consistency of
the information; (c) the consistency of the information with
information on other cases from the country in question
that has come to the Special Rapporteur’s attention; (d) the
existence of authoritative reports of practices of torture
from national sources, such as official commissions of
inquiry; (e) the findings of other international bodies, such
as those established in the framework of the United Nations
human rights machinery; (f) the existence of national
legislation, such as that permitting prolonged
incommunicado detention, that can have the effect of
facilitating torture; and (g) the threat of extradition or
deportation, directly or indirectly, to a State or territory
where one or more of the above elements are present.
6
19. The urgent appeal procedure is not per se accusatory,
but essentially preventive in nature and purpose. The
Government concerned is merely requested to look into the
matter and to take steps aimed at protecting the right to
physical and mental integrity of the person concerned, in
accordance with the international human rights standards.
20. In view of the fact that the urgent appeal contains
information that is extremely time-sensitive, the appeal is
addressed directly to the Ministry for Foreign Affairs or
relevant department of the country concerned.
21. The Special Rapporteur, where appropriate, sends
urgent appeals jointly with other organs of the United
Nations human rights machinery.
22. Between December 1993 and 10 December 1998, the
Special Rapporteur transmitted 712 urgent appeals on
behalf of approximately 2,959 individuals and 44 groups
involving 2,280 individuals. During the period under
review, from 10 December 1998 to 31 August 1999, the
Special Rapporteur transmitted 113 urgent actions to 41
countries.
23. The Special Rapporteur has sought to cooperate with
holders of other Commission mandates to avoid duplication
of activity in respect of country-specific initiatives. Thus,
he has sent urgent appeals or transmitted information
alleging violations within his mandate to Governments
jointly with the following mechanisms: the Working
Groups on Enforced or Involuntary Disappearances and on
Arbitrary Detention, and the Special Rapporteurs on
extrajudicial, summary or arbitrary executions; the
independence of judges and lawyers; freedom of opinion
and expression; violence against women; the Sudan; the
Democratic Republic of the Congo; Nigeria; Burundi; the
Islamic Republic of Iran; Afghanistan; Myanmar.
24. Since December 1993, urgent appeals were
transmitted to the following 83 countries: Algeria,
Bahamas, Bahrain, Bangladesh, Belgium, Bhutan, Bolivia,
Brazil, Bulgaria, Cameroon, Canada, Chad, Chile, China,
Colombia, Côte d’Ivoire, Cuba, Democratic Republic of the
Congo (former Zaire), Denmark, Djibouti, Ecuador, Egypt,
Equatorial Guinea, Ethiopia, Gambia, Georgia, Greece,
Guatemala, Haiti, Hungary, India, Indonesia, Iran (Islamic
Republic of), Iraq, Israel, Japan, Kazakhstan, Kenya,
Kyrgyzstan, Lao People’s Democratic Republic, Lebanon,
Libyan Arab Jamahiriya, Malaysia, Mauritania, Mexico,
Morocco, Myanmar, Namibia, Nepal, Niger, Nigeria,
Pakistan, Norway, Peru, Qatar, Republic of Korea, Russian
Federation, Rwanda, Saudi Arabia, Senegal, Sierra Leone,
South Africa, Sri Lanka, Sudan, Switzerland, Syrian Arab
Republic, Tajikistan, Thailand, Trinidad and Tobago,