E/CN.4/1991/17 page 3 10. The Special Rapporteur himself is not in a position to evaluate the veracity of the allegation. This can only be done through an investigation on the spot by the national authorities. Only they are in a position to verify or disprove the allegation by informing the Special Rapporteur about the way they have carried out this investigation and about its outcome. It is the Special Rapporteur's opinion that a reply should contain information about the authority responsible for the investigation, the persons questioned, the results of the medical examination and the identity of the person who performed it, the decision on a complaint which was eventually filed and the grounds for this decision, as well as any other relevant material. A flat denial, or a reference to the prohibition of torture under national law or to the fact that the individual has not submitted any complaint or has been released cannot be seen as satisfactory replies. Finally, if the authorities are of the opinion that allegations are made for the sole purpose of smearing the Government, they can always invite the Special Rapporteur to carry out an investigation himself. 11. The number of requests for urgent appeals is steadily increasing. The Special Rapporteur feels that the possibility to send urgent appeals is a unique feature of the Commission's thematic mandates. Such appeals are purely humanitarian in character. They refer to situations where people are actually under detention and where fear is expressed that they are or may be subjected to torture. Such fear may be based on various grounds. Sometimes relatives who have visited them, or other prison inmates, have seen that their physical condition is extremely bad or that their bodies bear marks of torture. In other cases it is reported that the arrested persons are held incommunicado and, since incommunicado detention is highly conducive to torture, fear that torture may be practised is comprehensible. In all such cases the Special Rapporteur feels that the humanitarian character of his mandate obliges him to make such an urgent appeal. These appeals, therefore, should certainly not be seen as accusations. In some cases the Government itself may not be aware of the actual situation and, only after receiving the appeal, may be in a position to look into the matter and instruct the authorities concerned to respect the individual's right to physical and mental integrity. Since torture is absolutely prohibited and cannot be justified under any circumstances, each Government is obliged to take all necessary steps to prevent its occurrence. The urgent appeal procedure is an excellent instrument to serve that purpose. 12. Resolution 1990/34 of the Commission appealed to Governments to co-operate with and assist the Special Rapporteur in the performance of his tasks and to furnish all information requested. During 1990 a higher proportion of Governments which received letters and/or urgent appeals have heeded that request by providing the Special Rapporteur with information, although this information cannot always be deemed satisfactory. The Special Rapporteur wishes to express his appreciation to Governments which provided him with information and co-operated willingly with him. He feels that these Governments in doing so comply with the obligation under Article 56 of the Charter of the United Nations "to take joint and separate action in co-operation with the Organization for the achievement of the purposes set forth in Article 55", viz. "the promotion of universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion". Since the mandate of the

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