E/CN.4/2004/56
page 6
17.
On 27 November 2003, the Special Rapporteur met with the Executive Secretary and
members of the staff of the European Committee for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment. Matters of common interest were discussed.
18.
On 10 December 2003, on the occasion of the International Human Rights Day, the
Special Rapporteur, together with other special procedures of the Commission on Human Rights,
condemned all acts of intimidation and reprisal against individuals and groups who seek to
cooperate, or have cooperated, with the United Nations or representatives of its human rights
bodies. In this context, they urged States to refrain from violating the rights of these individuals
and groups, in particular, to be free from torture, and to protect them from threats, intimidation
and reprisals from private individuals or groups.
II. COMMUNICATIONS TRANSMITTED BY THE
SPECIAL RAPPORTEUR
19.
During the period under review, 15 December 2002 to 15 December 2003, the
Special Rapporteur has continued to receive and transmit information on allegations of torture.
He has sent 154 letters to 76 countries. The Special Rapporteur has also sent 71 letters
reminding Governments of a number of cases that had been transmitted in previous years. He
has sent 369 urgent appeals to 80 countries on behalf of individuals with regard to whom serious
fears had been expressed that they might be at risk of torture or other forms of ill-treatment.
20.
The Special Rapporteur would like to recall that in transmitting allegations and urgent
appeals to Governments, he does not make any judgement concerning the merits of the cases, nor
does he support the opinion and activities of the persons on behalf of whom he intervenes. As it
has been made clear in previous reports, no matter how wrongly, dangerously, or even criminally
a person may act, every human being is legally and morally entitled to protection on the basis of
internationally recognized human rights and fundamental freedoms. This applies a fortiori where
a non-derogable right, such as the prohibition of torture and other cruel, inhuman or degrading
treatment or punishment, is involved.
21.
As explained in previous reports, the letters sent to Governments contain summaries of
individual cases of torture and, where applicable, include general references to the phenomenon
of torture, such as alleged systematic patterns of the practice of torture, patterns relating to a
specific group of victims or of perpetrators, or specific legislation deemed not sufficient to
guarantee the right to physical and mental integrity. In these letters, the Special Rapporteur
requests the Government concerned to clarify the substance of the allegations and urges it to take
steps to investigate them, prosecute and impose appropriate sanctions on any persons guilty of
torture regardless of any rank, office or position they may hold, take effective measures to
prevent the recurrence of such acts and ensure reparation to the victims or their relatives, in
accordance with the relevant international standards.
22.
When the Special Rapporteur receives reliable information that gives grounds to fear that
a person may be at risk of torture or other forms of ill-treatment, he may transmit an urgent
appeal to the Government concerned. The urgent appeals sent by the Special Rapporteur have a
humanitarian and preventive purpose. Their scope and nature have been explained in previous
reports. In the present report, the Special Rapporteur would like to provide the Commission with
more detailed information on the practice of the urgent appeal procedure.