A/HRC/7/3/Add.1
page 4
Introduction
1.
This addendum to the report of the Special Rapporteur contains, on a countryby-country basis, summaries of reliable and credible allegations of torture and other
cruel, inhuman or degrading treatment or punishment that were brought to the
attention of the Special Rapporteur, and were transmitted to the Governments
concerned. It also contains replies from Governments. This addendum does not
illustrate the state of torture and other cruel, inhuman or degrading treatment or
punishment throughout the world, but rather reflects the state of information brought
to the attention of the Special Rapporteur.
2.
The Special Rapporteur would like to recall that in transmitting these
allegations to Governments, he does not make any judgement concerning the merits
of the cases, nor does he support the opinion and activities of the persons on behalf of
whom he intervenes. The prohibition of torture and other cruel, inhuman or degrading
treatment or punishment is a non-derogable right, and every human being is legally
and morally entitled to protection. When the Special Rapporteur receives reliable and
credible information that gives grounds to fear that a person may be at risk of torture
or other forms of ill-treatment, he may transmit an urgent appeal to the Government
concerned. The communications sent by the Special Rapporteur have a humanitarian
and preventive purpose, and do not require the exhaustion of domestic remedies.
Governments are requested to clarify the substance of the allegations, take steps to
protect the person’s rights, and are urged to investigate the allegations and prosecute
and impose appropriate sanctions on any persons guilty of torture and other cruel,
inhuman or degrading treatment or punishment.
3.
During the period under review, i.e. from 16 December 2006 to 14 December
2007, the Special Rapporteur sent 79 letters ∗ of allegations of torture to 51
Governments and 187 urgent appeals* to 59 Governments on behalf of persons who
might be at risk of torture or other forms of ill-treatment. Government responses
received up to 31 December 2007 have been included. The responses received after
that date will be duly reflected in a future communications report.
4.
The Special Rapporteur appreciates the timely responses received from
Governments to the letters and urgent appeals transmitted. He regrets that many
Governments fail to respond, or do so selectively, and that responses to older cases
remain outstanding in large part.
5.
Owing to restrictions on the length of documents, the Special Rapporteur has
been obliged to reduce considerably details of communications sent and received,
with attention given to information relating specifically to allegations of torture and
other cruel, inhuman or degrading treatment or punishment. As a result, requests from
Governments to publish their replies in their totality could not be acceded to.
Moreover, attention is given to information in Government replies specifically
relating to the allegations, particularly information on the following:
∗
Includes joint action with other special procedures of the Commission on Human Rights. General
statistical information on communications sent by special procedures in 2007 is available on OHCHR
website : http://www.ohchr.org.