A/HRC/31/57/Add.1
I.
Introduction
1.
The present document is submitted by the Special Rapporteur on torture and other
cruel, inhuman or degrading treatment or punishment, Juan E. Méndez, to the Human
Rights Council, pursuant to its resolution 25/13.
2.
In the present addendum, the Special Rapporteur provides observations, where
considered appropriate, on communications sent to States between 1 December 2014 and
30 November 2015, as well as on responses received from States in relation to these
communications until 31 January 2016. In some instances and where appropriate,
observations are provided to older communications which received a late reply within the
above-named date range, as well as communications with updated replies following the
request of the Special Rapporteur (see additional observations). Communications sent and
responses received during the reporting period are accessible electronically through
hyperlinks.
3.
The Special Rapporteur is grateful to all States, which have transmitted responses to
communications sent. He considers response to his communications an important part of
cooperation by States with his mandate. In this context, the Special Rapporteur recalls
paragraph 2(a) of the Human Rights Council resolution 25/13 which urges States to “fully
cooperate with and assist the Special Rapporteur in the performance of his or her task, to
supply all necessary information requested by him or her and to 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.”
4.
The communications and the relevant replies can also be accessed via the
encorporated links or in the communications reports of Special Procedures A/HRC/29/50
(communications sent, 1 December 2014 to 28 February 2015; replies received, 1 February
to 30 April 2015), A/HRC/30/27 (communications sent, 1 March to 31 May 2015; replies
received, 1 May to 31 July 2015) and A/HRC/31/79 (communications sent, 1 June to 30
November 2015; replies received, 1 August 2014 to 31 January 2016).
5.
The Special Rapporteur on torture has made follow-up one of his priorities during his
six year term. The Special Rapporteur has initiated a study to better understand the impact
the communications procedure has on victims of torture and those subjected to cruel,
inhuman or degrading treatment or punishment and how to further improve the
effectiveness of this mechanism (including Observation reports) to prevent violations,
protect victims from further violations and encouraging timely and substantive responses
from the State concerned to ensure accountability.
6.
The Special Rapporteur has received input from the Secretariat of the Special
Procedures Branch and the Registry of the Office of the High Commissioner for Human
Rights (OHCHR). Further, in September 2015, the Special Rapporteur sent a letter and
questionnaire to non-government organizations at the international, regional and national
level, who had submitted information over the past two years which formed the basis of a
communication that was sent and subsequently reflected in the Special Rapporteur’s 2014
and 2015 Observations Reports, presented to the Human Rights Council,
A/HRC/25/60/Add.2 and A /HRC/28/68/Add.1 respectively. The Special Rapporteur
extends his appreciation to the non-government organizations who responded with detailed
information about the communication process and follow up information on individual
cases and what, if any, action taken by the State to address any violation. The information
gathered is being verified and analysed. The results will also be submitted and considered
in the systemic review of the communications procedure being undertaken by Special
Procedures mandate holders as reported in the Annual Report of Special Procedures
(A/HRC/31/39 paras. 11 and 52). The Special Rapporteur hopes that the conclusions and
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