E/CN.4/1992/17
page 4
14. The urgent appeal procedure is basically different from the transmittal
of communications about alleged cases of torture. An urgent appeal is made
whenever the Special Rapporteur receives information that a person has been
arrested and fear is expressed that that person may be subjected to torture.
Such fear may be based inter alia, on accounts by relatives or other visitors
of the detainee's physical condition or on the fact that the detainee is kept
incommunicado, a situation which is conducive to torture. An urgent appeal by
the Special Rapporteur is of a purely humanitarian nature. The Government
concerned is merely requested to assure the Special Rapporteur that the
detained person's physical and mental integrity will be guaranteed. Such an
appeal, moreover, provides the Government concerned with the opportunity to
look into the matter and to uphold its obligations under international law by
instructing the detaining authorities to respect the individual's right to
physical and mental integrity.
15. In a small number of cases, subsequent to the sending of an urgent appeal
to the Government concerned, the Special Rapporteur is informed by the source
which made the request for urgent action that the person or persons regarding
whom the request was made had already been released at the time the Special
Rapporteur made his appeal. In such cases, the appeals may be considered
null and void, and are not mentioned in the report.
16. Upon the invitation of the Government of Indonesia the Special Rapporteur
visited that country from 4 to 16 November 1991 for consultations with the
authorities and with professional and non-governmental organizations. The
report on the visit will be presented in an addendum to the present report.
The Special Rapporteur wishes to express his deep appreciation to the
Government of Indonesia for extending this invitation to him. As he said in
previous reports, such visits provide him with highly useful information about
the human rights situation in a country in general, and the occurrence of
torture in particular, thereby enabling him to make recommendations to prevent
torture, taking into account the specific legal and administrative context of
that country. The usefulness of such visits for consultative purposes has
also been recognized by the Commission on Human Rights, which in paragraph 19
of resolution 1991/38 encouraged Governments to give serious consideration to
inviting the Special Rapporteur to visit their country so as to enable him to
fulfil his mandate even more effectively. The Special Rapporteur expresses
the hope that other Governments which may be approached by him in order to
discuss the possibilities for a visit will take the same positive attitude as
has been shown by the Governments of those countries which invited him in the
past. Such consultative visits are a unique expression of the combined
efforts of the organized international community and individual Governments to
eradicate the evil of torture.
17. As was said before, the reports on country visits contain recommendations
which are geared to the specific situation in the country concerned. The
Special Rapporteur always invites Governments to provide him with their
comments with regard to these recommendations. The Special Rapporteur
expresses his appreciation to the Government of the Philippines for its
reaction to part of his recommendations. He is also grateful for additional
information provided to him by the Government of Turkey, a country he visited
in September 1988. The information received from these Governments appears in
chapter III below. The Special Rapporteur regrets that to date he has receive»