A/HRC/13/39/Add.5
of human rights experts, doctors (above all forensic experts), interpreters, security officers
and other UN staff who must enjoy the same rights, diplomatic privileges and immunities.
In order to document cases of torture and ill-treatment in accordance with the respective
provisions of the Istanbul Protocol and professional rules of experts in the field of human
rights and forensic science, we also use electronic devices, photo, audio and video
equipment inside detention facilities. These terms of reference are common sense
requirements of any effective and objective fact-finding efforts.
14.
I like to compare an invitation by States to carry out a mission to their country with
the invitation of an external auditor by a business enterprise. In both situations, the
respective Governments or Boards of Governors are supposed to have a genuine interest in
an objective external evaluation of the situation in their countries or companies aimed at
identifying needs for reform and methods of improvement. While companies pay a
substantial amount of money for a thorough external audit, States get the results and
recommendations of my missions free of charge. Nevertheless, I was often confronted with
substantial efforts of Governments to obstruct my fact-finding activities by subjecting me to
extensive surveillance and bureaucratic hurdles, denying me access to certain detention
facilities, preventing me from speaking in private with detainees, victims and witnesses,
extensively preparing detention facilities and instructing detainees about the way they
should or should not interact with me, etc.
15.
In Mongolia for example, I was consistently denied access to prisoners on death row
whose treatment, according to reliable sources (handcuffed and shackled in dark cells
without adequate food and with the right to be visited only by one family member before
execution), definitely amounted to torture. Even the President of the Republic assured me
that all information surrounding capital punishment, including the number of death
sentences and the treatment of prisoners on death row, constituted strict State secrets and
that he would commit a criminal offence by making such information available to me.2 In
China, I was regularly followed and monitored by intelligence officers, our telephones were
tapped, witnesses from Shanghai who were travelling to meet me in Beijing were
physically prevented from doing so, witnesses in Beijing were forced to leave the city in
order to prevent them from meeting me, a well-known human rights lawyer was physically
attacked on his way to a meeting with me, the authorities of Tibet attempted to hide a new
maximum security prison and even after its discovery only allowed a few individual
interviews, etc.3 In Jordan, I was denied the right to conduct confidential interviews with
detainees at the General Intelligence Directorate, and at the headquarters of the Criminal
Investigation Police of Amman, victims of torture were removed from their cells and driven
around in police cars during my inspection. Even after I had conducted an interview with a
victim with serious torture injuries, which were corroborated through an examination by the
forensic expert accompanying me, the victim was later removed and his presence in the
detention facilities denied.4 I had similar experiences in Sri Lanka, where a considerable
number of detainees at the Terrorist Investigation Department were removed and hidden
from me during my visits to these facilities.5 Even in Nigeria, where the cooperation by the
Federal Government was excellent, I was repeatedly denied access to the detention facilities
of the State Security Services and had major problems obtaining access to the infamous
“torture room” at the headquarters of the Criminal Investigation Police in Lagos.6 In
Equatorial Guinea, I was denied access to any military facilities and was seriously
2
3
4
5
6
E/CN.4/2006/6/Add.4.
E/CN.4/2006/6/Add.6.
A/HRC/4/33/Add.3.
A/HRC/7/3/Add.6.
A/HRC/7/3/Add.4.
7
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