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Special Rapporteur to warrant elucidation, he is only in a position to seek
that elucidation within the context of the next letter of transmittal of
information.
10.
This rigidity flows from the limited resources the Centre is in a
position to make available to service the Special Rapporteur’s mandate.
Despite these difficulties, the Special Rapporteur has been able to initiate
the practice of consulting sources of original allegations in respect of
official responses to the allegations, especially in cases where the facts
appear to be contradicted.
11.
The Special Rapporteur believes that it is in the interest of both
victims and Governments that he be in a position (a) to transmit to
Governments summaries of all credible and reliable information addressed to
him alleging cases and practices of torture; (b) to analyse responses from
Governments; (c) to consult sources of allegations on such responses, as
appropriate; (d) to pursue the dialogue with Governments when warranted; and
(e) to draw any conclusions and make any recommendations to Governments that
such a systematic exchange would indicate. To the extent that the present
report fails to reflect this ambition, it is, as indicated, the result of
limited resources. Nevertheless, the Special Rapporteur believes that, unless
the Commission on Human Rights expresses a different view, he should seek as
far as possible to work in a manner consistent with the above approach.
12.
Finally, in respect of this aspect of his mandate, the Special Rapporteur
wishes to draw the Commission’s attention to an issue raised by one Government
(India, letter dated 9 December 1993) which stated that "the mandate of the
Special Rapporteur should also take into account human rights violations
perpetrated by terrorism". The Special Rapporteur considers that the problem
of terrorism is covered by Commission resolution 1993/48 (see Introduction,
para. 4 (e)), which speaks of the "adverse effect on the enjoyment of human
rights of persistent acts of violence committed in many countries by armed
groups ... that spread terror among the population".
13.
The Special Rapporteur notes that resolution 1993/48, like its
predecessor resolutions, does not refer to such acts of violence as
constituting human rights violations. In the opinion of the Special
Rapporteur, this omission is intentional. He believes that the Commission
would not wish to dignify the perpetrators of criminal violence by describing
them as human rights violators or, even less, addressing them as though they
had the sort of authority that falls within the regime of the international
legal protection of human rights. Of course, the Special Rapporteur is
conscious of the fact that international law applicable in armed conflict,
whether the conflict be of an international or non-international character,
prohibits torture by any party to the conflict at any time and in any place
whatsoever. The Special Rapporteur could envisage that his mandate could
extend to any party to such a conflict. He would welcome guidance by the
Commission as to whether he should seek to apply his mandate to acts committed
by parties to an armed conflict. If so, he would appreciate further guidance
on how he should determine whether such a conflict exists and what entities
may be appropriately considered as parties to the conflict: should he, for
example, be guided by the view of the Government of the member State
concerned? Meanwhile, the Special Rapporteur will continue as appropriate to