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