E/CN.4/1992/17 page 2 I. MANDATE AND METHODS OF WORK 6. During 1991 the Special Rapporteur continued to receive an alarming number of communications on alleged cases of torture. Although the number of allegations received by the Special Rapporteur cannot be used as an indicator for the increase or decrease of the occurrence of torture throughout the world, it provides clear evidence that the practice of torture is still widespread and that, consequently, the fight against torture has to be continued relentlessly. 7. In conformity with his mandate, as contained in resolution 1991/38, the Special Rapporteur has brought the information received by him to the attentior of the Governments concerned whenever he deemed such information reliable and credible. In reaching such a conclusion, the Special Rapporteur is led by a number of considerations, the most important of which are: does the alleged case fit into the general pattern of the human rights situation in the country concerned, as documented in human rights reports which have been published by governmental and non-governmental agencies? And if so, is the information provided sufficiently precise and detailed to enable the Government concerned to carry out an investigation? The mere fact that the latter condition is frequently not fulfilled means that only a relatively small percentage of the communications received are transmitted to Governments. 8. The transmittal of a communication to a Government should not be taken as an assumption by the Special Rapporteur that the allegation contained is true or well-founded. It is no more than a request to investigate the matter and to inform the Special Rapporteur of the outcome of such an investigation. The communication transmitted should, therefore, always be evaluated together with the reply of the Government concerned. It may be recalled that in paragraph 16 of resolution 1991/38 the Commission on Human Rights appealed to all Governments to cooperate with and assist the Special Rapporteur in the performance of his tasks and to furnish all information requested, and that in paragraph 17 it urged those Governments which had not yet responded to communications transmitted to them to answer expeditiously. 9. The Special Rapporteur notes with appreciation that an increasing number of Governments have heeded this request and have provided him with replies. As was said in the Special Rapporteur's previous reports, such a reply should contain information about the authority responsible for the investigation, the persons questioned, the result of any medical examination and the identity of the person who performed it, the decision in a complaint which was eventually filed and the grounds for that decision, as well as any other relevant material. A number of replies received are more or less in conformity with these requirements or refer to an inquiry by the police or the judiciary which has been initiated. In the latter case, the Special Rapporteur feels that he should be informed of the outcome of such an inquiry once it has been concluded. 10. In other cases, however, the Special Rapporteur continues to receive replies merely denouncing the allegations transmitted as fabrications or as vilifications of the authorities in power. The Special Rapporteur feels strongly that such replies cannot be considered to be satisfactory, particularly in cases where the authorities, on other occasions, have admitted

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