A/HRC/46/26
Rapporteur and that of the treaty bodies, such as the Committee against Torture and the
Subcommittee on Prevention of Torture.
52.
Some States also made specific requests to the mandate holder, such as (a) that the
mandate holder, after receiving responses to official communications, confirm whether the
case had been closed or required further information; (b) the need for more flexibility in
setting dates for country visits, taking into account national agendas; and (c) the importance
of dialogue and cooperation with the mandate holder also outside the framework of official
communications and country visits.
53.
Despite the small number of responses received, the Special Rapporteur takes due
note of the observations made and the challenges reported by States and, to the extent possible
and appropriate, will try to address them within the framework of the resources made
available to the mandate.
F.
Cooperation of States in response to official communications
1.
Statistical evaluation
54.
Between 1 November 2016 and 31 October 2020, the Special Rapporteur transmitted
514 official communications relating to allegations of torture and ill-treatment to Member
States, both individually and jointly with other mandate holders. During the same period, the
mandate holder also sent 16 communications to non-State actors (not included in the present
report). As at 31 December 2020, one of the 514 communications transmitted to States did
not require a reply (one reply received was awaiting translation and, therefore, could not be
evaluated). The statistical assessment made below is therefore based on a total of 512
communications.
55.
On the basis of a substantive analysis of cooperation shown by States for each of the
official communications transmitted during the period under review (including “urgent
appeals”, “allegation letters” and “other letters”), and by reference to the relevant standards
set by the Human Rights Council as outlined above, the Special Rapporteur divides
cooperation into four categories:
▪
Full cooperation
▪
Partial cooperation
▪
No response
▪
Pending (see relevant section below)
56.
A global statistical analysis of the period under review (see figure 1 below) revealed
that, in response to the 512 communications transmitted by the Special Rapporteur:
•
186 responses (36 per cent) did not solicit any response (no cooperation)
•
278 responses (54 per cent) were otherwise deemed unsatisfactory (partial
cooperation)
•
48 responses (10 per cent) were satisfactory (full cooperation)
57.
The low degree of responsiveness and cooperation reflected in the statistics is by no
means a recent phenomenon, but has rather been a constant pattern since the establishment
of the mandate by the Commission on Human Rights in 1985. In the very first report of the
mandate submitted to the Commission (E/CN.4/1986/15), the Special Rapporteur stressed
that, while he had transmitted allegations of torture to 33 Governments, only 11 had
responded to his requests for information. The comprehensive observation reports prepared
by other previous mandate holders reflect similar proportions in terms of both responsiveness
and cooperation.
10