A/HRC/13/39/Add.5
24.
During the five years I carried out the function of Special Rapporteur on torture, I
sent a total of 429 allegation letters to 107 Governments and a total of 886 urgent appeals to
a total of 104 Governments.8 While the majority of Governments replied in one way or
another, serious investigations into the allegations of torture and ill-treatment which
actually led to sanctions against the officials responsible were only conducted in
exceptional cases. The majority of Governments acknowledged receipt of my
communications and assured me of their willingness to investigate and take all necessary
action without further informing me of the outcome of such investigations. Often,
Governments simply explained the reasons for the arrest and detention of the alleged
victims, i.e. they referred to the crimes which these individuals had committed or were
suspected of having committed, but failed to respond to the allegations of torture and illtreatment which these individuals may have been subjected to. 36 Governments never
provided me with any information.9
25.
Whereas it is difficult to assess the impact of the individual communication
procedure, one should also not underestimate the effect of such communications. During
my country missions, I often met former victims, whether still detained or at liberty, who
assured me that individual communications sent on their behalf by me, my predecessors or
other special procedures had a positive effect and had saved them from further torture or
similar human rights violations.
E.
Reports to the Human Rights Council and the General
Assembly
26.
In addition to my reports on country missions, I provided annual reports to the
former Commission on Human Rights and the Human Rights Council in Geneva, which are
usually presented and discussed in March, and interim reports to the General Assembly in
New York, which are discussed in the Third Committee in October. In these reports, I refer
to my activities and select one or two specific topics which seem particularly relevant to my
mandate. Since I assumed this function in December 2004, I have reported on the following
topics: the situation of trade in and production of equipment specifically designed to inflict
torture (presentation of the last report of my predecessor to the Commission on Human
Rights),the absolute and non-derogable prohibition of torture; corporal punishment; the
principle of non-refoulement and diplomatic assurances; torture and the fight against
terrorism; civil and political rights including torture and detention; the distinction between
torture and CIDT; the principle of non-admissibility of evidence extracted by torture; the
entry into force of the Optional Protocol to the Convention against Torture (OPCAT), the
obligations of States parties to CAT to establish universal jurisdiction according to the
principle aut dedere aut iudicare; cooperation with regional organisations; the right of
victims of torture to a remedy and reparation; conditions of detention; women and torture
(including domestic violence, traditional practices and trafficking in women); capital
punishment; and on the impact of torture on victims and the situation of particularly
vulnerable groups of detainees, such as persons with disabilities, drug users and children.
8
9
E/CN.4/2006/6/Add.1, A/HRC/4/33/Add.1, A/HRC/7/3/Add.1, A/HRC/10/44/Add.4.
Angola, Armenia, Brazil, Burkina Faso, Cambodia, Cameroon, Central African Republic, Chad,
Congo, Côte d’Ivoire, Djibouti, Equatorial Guinea, Fiji, Gambia, Guinea, Guinea Bisseau, Haiti,
Hungary, Iraq, Kenya, Kuwait, Liberia, Madagascar, Mozambique, Namibia, Nicaragua, Niger, Papua
New Guinea, Poland, Senegal, Swaziland, Tanzania, Tonga, Trinidad & Tobago, Turkmenistan and
the Palestinian Authority.
11
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