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that torture may occur and does occur in the country concerned. The sustained
campaign of the internationcal community against torture makes it necessary
for all Governments to take allegations about torture practices seriously and
to look into each and every case which is brought to their attention.
11. As he has said in previous reports, the Special Rapporteur is well aware
that allegations of torture may be brought forward with the intention of
tainting a Government's image. Since torture is generally practised by
government—employed persons in conditions where impartial witnesses are
absent, allegations of torture easily lend themselves to such purposes. If a
Government, however, feels that it has become the victim of such a smear
campaign, the most logical solution is to invite the Special Rapporteur to
visit the country and carry out an investigation himself. On several
occasions the Special Rapporteur has suggested to Governments whose
representatives told him that the allegations had been made merely for
political motives that they extend to him such an invitation for an
investigative visit. As a formula for such investigative visits, he has
proposed that the Government and the Special Rapporteur both choose an equal
number of cases from the list of allegations transmitted. The Special
Rapporteur would then hold discussions with the alleged victims, their
lawyers, the medical officers who examined them, the officials who conducted
the interrogations, the officials in charge of the places of detention where
they were held, etc. So far, however, no Government has reacted positively to
such suggestions.
12. As regards the more general aspects of the performance of his mandate,
the Special Rapporteur strongly feels that such performance would gain in
effectiveness if he were authorized, from time to time, to carry out
on-the-spot investigations. The Commission's thematic mandates are often
called monitoring mechanisms, and since fact-finding forms part of monitoring,
fact-finding visits would considerably enhance the effectiveness of the
functioning of such mechanisms. The Special Rapporteur feels that the
apparent hesitation on the part of Governments to invite him to conduct such a
fact-finding visit may stem from the fear that his findings would be considered
to be a quasi-judicial verdict. He wishes to stress that his report on such a
visit could only reveal the facts and the various contentions as submitted to
him during the visit.
13. In this context, the Special Rapporteur notes with appreciation that the
Minister of Justice of Djibouti, in a letter dated 10 June 1991, invited him
to visit that country to carry out an objective and independent inquiry into a
number of alleged cases of torture which he had brought to the attention of
the Government of Djibouti by letter dated 17 April 1991, and on which the
Government, in the same letter dated 10 June 1991, had provided detailed
information (see paras. 62-64 below). Owing to a regrettable delay in
communications, this visit, which had originally been scheduled to take place
during the first half of October 1991, had to be postponed until a later
date. The Special Rapporteur welcomes this invitation and wishes to commend
the Government of Djibouti for its cooperative attitude. He feels that the
Government of Djibouti, by setting this example, has contributed to a more
effective functioning of the Commission's mandate on torture.