A/56/156 torture. Such prohibition should extend to such practices as examining detainees to determine their “fitness for interrogation” and procedures involving illtreatment or torture, as well as providing medical treatment to ill-treated detainees so as to enable them to withstand further abuse. In other cases, the withholding of appropriate medical treatment by medical personnel should be subject to sanction. with the intention of removing them from the protection of the law for a prolonged period of time”. 11 See, in particular, Amnesty International, Enforced Disappearances and Political Killings: Human Rights Crises in the 1990s: A Manual for Action (AI Index: ACT 33/01/94). 12 “... the assessment of what constitutes inhuman or degrading treatment falling within the meaning of article 7 depends on all the circumstances of the case, such as the duration and manner of the treatment, its physical and mental effects as well as the sex, age and state of health of the victim”. Human Rights Committee, Antti Voulanne v. Finland (A/44/40), chap. X, sect. J, para. 9.2. 13 See Nigel Rodley, op. cit., p. 261. 14 See, in particular, Amnesty International, “Crimes of hate, conspiracy of silence: Torture and ill-treatment based on sexual identity” (ACT 40/016/2001). Notes 1 See E/CN.4/2001/66, paras. 4-11. 2 Ibid., para. 115. 3 See, in particular, E/CN.4/1998/38/Add.2, on the visit of the Special Rapporteur to Mexico, and E/CN.4/2001/66/Add.2, on the visit of the Special Rapporteur to Brazil. 4 General Assembly resolution 47/133 of 18 December 1992. 15 See, inter alia, resolution 2001/62 of 25 April 2001, para. 5. 5 The third preambular para. of the Declaration describes “enforced disappearance” in the sense that “persons are arrested, detained or abducted against their will or otherwise deprived of their liberty by officials of different branches or levels of Government, or by organized groups or private individuals acting on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government, followed by a refusal to disclose the fate or whereabouts of the persons concerned or a refusal to acknowledge the deprivation of their liberty, which places such persons outside the protection of the law”. 16 E/CN.4/2001/94, para. 89 (g). 17 A/CONF.157/23 (25 July 1993), para. 60. 18 E/CN.4/Sub.2/1997/20/Rev.1, paras. 32 and 27. 19 Ibid., annex II. 20 Ibid., principles 25 and 18. 21 “Question of the impunity of perpetrators of human rights violations (civil and political)” (E/CN.2/Sub.2/1997/20/Rev.1) and “Report of the independent expert on the right to restitution, compensation and rehabilitation for victims of grave violations of human rights and fundamental freedoms ...” (E/CN.4/1999/65). 22 E/CN.4/Sub.2/1996/17, annex. 23 E/CN.4/2000/62, annex, para. 11. 24 Ibid., para. 4. 25 A/55/44, para. 59 (g). 26 Ibid., para. 61 (d). 27 “Annual report of the Inter-American Commission on Human Rights, 1992-1993” (OEA/Ser.L/V/II.83, 12 March 1993), p. 51. 28 See Case No. 10,843 (Héctor Marcial Garay Hermosilla y otros v. Chile) in “Annual report of the Inter-American Commission on Human Rights, 1996”. 29 See E/CN.4/1996/35, para. 133. 30 See also conclusions and recommendations in E/CN.4/2001/66, paras. 1,307-1,316. 6 E/CN.4/1983/14, para. 131. 7 See, for example, conclusions and recommendations on the second periodic report of Algeria (A/52/44, para. 79), on the initial report of Namibia (A/52/44, para. 247) and on the initial report of Sri Lanka (A/53/44, paras. 249 and 251). 8 CCPR/C/50/D/440/1990 (24 March 1994), para. 5.4. 9 For further discussion on the case-law regarding “disappearance” as torture, see Nigel Rodley, The Treatment of Prisoners in International Law, 2nd ed. (Oxford, Clarendon Press, 1999), pp. 257-261. 10 Article 7 (Crimes against humanity) of the Rome Statute of the International Criminal Court (17 July 1998) defines “enforced disappearance of persons” as “the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, 13