A/HRC/46/26
notably, cooperate fully with and assist the Special Rapporteur in the performance of his or
her tasks, supply all necessary information requested by him or her and fully and
expeditiously respond to his or her urgent appeals, and urges those Governments that have
not yet responded to communications transmitted to them by the Special Rapporteur to
answer without further delay; respond favourably to the Special Rapporteur’s requests to visit
their countries, and enter into a constructive dialogue with the Special Rapporteur on
requested visits to their countries; prevent any sanction, reprisal, intimidation or other
prejudice against any person, group or association, including persons deprived of their
liberty, for contacting, seeking to contact or having been in contact with the Special
Rapporteur; ensure proper follow-up to the Special Rapporteur’s recommendations and
conclusions; and adopt a victim-centred and gender-sensitive approach in the fight against
torture and ill-treatment.
3.
Responsibilities of the United Nations
38.
Lastly, the Human Rights Council requests the Secretary-General to ensure, from
within the overall budget of the United Nations, that the Special Rapporteur is provided with
an adequate and stable level of staffing and the facilities and resources necessary, bearing in
mind the strong support expressed by Member States for preventing and combating torture
and assisting victims of torture.
39.
Like all other special procedures of the Human Rights Council, the mandate of the
Special Rapporteur is supported by the Office of the United Nations High Commissioner for
Human Rights (OHCHR) through thematic fact-finding, policy and legal expertise, research
and analytical work, and administrative and logistical services. 13
E.
State consultation
1.
Questionnaire
40.
On 12 August 2020, the Special Rapporteur launched a round of State consultations
by questionnaire, inviting all States Members of the United Nations:
•
To outline their current procedures for the processing of official
communications and country visit requests transmitted by the Special Rapporteur
•
To evaluate the effectiveness of their current cooperation with the mandate
regarding official communications and country visit requests
•
To make recommendations and requests with a view to improving their current
cooperation and dialogue with the mandate holder
41.
The questionnaire was an opportunity for States to share their perspective on the issues
raised and, thereby, to contribute to and inform the present report. The initial deadline for the
submission of State responses to the questionnaire was set for 15 October 2020; following a
written reminder transmitted to all States, the deadline was subsequently extended to 31
October.
42.
Of the 195 Governments solicited by the mandate, 31 (16 per cent) provided a
response; 164 (84 per cent) did not. 14 Of the 31 Governments that responded to the
questionnaire, 20 had received one or more official communications from the Special
Rapporteur, while 11 Governments had never received such a communication. Of the 195
Governments solicited, only 20 responses were received from those that had actually received
communications from the Special Rapporteur. Furthermore, almost all Governments
described their interactions with the Special Rapporteur as “fully cooperative” or otherwise
indicated that they were open to constructive dialogue and cooperation.
43.
The Special Rapporteur expresses his gratitude to those States that responded to the
questionnaire. At the same time, he sincerely regrets that the large majority of States most
13
14
8
Ibid., para. 21.
Responses submitted are available at
https://ohchr.org/EN/Issues/Torture/SRTorture/Pages/CFI_Effectiveness_of_States.aspx.