20 States had not yet supplied follow-up information that had fallen due (Bulgaria, Burundi,
Cambodia, Cameroon, Democratic Republic of the Congo, Denmark, Guyana, Italy, Japan,
Luxembourg, Mexico, Moldova, the Netherlands, Peru, Poland, South Africa, Tajikistan, Togo,
Uganda and Ukraine). In March 2008, the Rapporteur sent a reminder requesting the outstanding
information to each of the States whose follow-up information was due in November 2007, but
had not yet been submitted, and who had not previously been sent a reminder.
52. The Rapporteur noted that 14 follow-up reports had fallen due since the previous annual
report.3 However, only 2 (Hungary and the Russian Federation) of these 14 States had submitted
the follow-up information in a timely manner. Despite this, she expressed the view that the
follow-up procedure had been remarkably successful in eliciting valuable additional information
from States on protective measures taken during the immediate follow-up to the review of the
periodic reports. While comparatively few States had replied precisely on time, 25 of the
33 respondents had submitted the information on time or within a matter of one to four months
following the due date. Reminders seemed to help elicit many of these responses. The
Rapporteur also expressed appreciation to non-governmental organizations, many of whom had
also encouraged States parties to submit follow-up information in a timely way.
53. Through this procedure, the Committee seeks to advance the Convention’s requirement
that “each State party shall take effective legislative, administrative, judicial or other measures to
prevent acts of torture …” (art. 2, para. 1) and the undertaking “to prevent … other acts of cruel,
inhuman and degrading treatment or punishment …” (art. 16).
54. The Rapporteur expressed appreciation for the information provided by States parties
regarding those measures taken to implement their obligations under the Convention. In addition,
she has assessed the responses received as to whether all the items designated by the Committee
for follow-up (normally between three and six recommendations) have been addressed, whether
the information provided responds to the Committee’s concern, and whether further information
is required. Each letter responds specifically and in detail to the information presented by the
State party. Where further information has been needed, she has written to the concerned State
party with specific requests for further clarification. With regard to States that have not supplied
the follow-up information at all, she requests the outstanding information.
55. At its thirty-eighth session in May 2007, the Committee decided to make public the
Rapporteur’s letters to the States parties. These would be placed on the web page of the
Committee. The Committee further decided to assign a United Nations document symbol
number to all States parties’ replies to the follow-up and also place them on its website
(http://www2.ohchr.org/english/bodies/cat/sessions.htm).
56. Since the recommendations to each State party are crafted to reflect the specific situation in
that country, the follow-up responses from the States parties and letters from the Rapporteur
requesting further clarification address a wide array of topics. Among those addressed in the
letters sent to States parties requesting further information have been a number of precise matters
seen as essential to the implementation of the recommendation in question. A number of issues
have been highlighted to reflect not only the information provided, but also the issues that have
3
Official Records of the General Assembly, Sixty-second Session, Supplement No. 44 (A/62/44).
92
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