E/CN.4/1993/26
page 10
the investigation and the decision taken with respect to a complaint, the
grounds for this decision and, if the allegation is found to be accurate, the
measures taken.
23.
A number of the replies received are more or less in conformity with
these requirements. Other replies, however, contain a mere denial of the
alleged facts. Even if the allegations were false, the Special Rapporteur is
of the opinion that such replies cannot be deemed satisfactory. As he said in
his previous report, the sustained campaign of the international community
against torture makes it necessary for all Governments to take allegations
about torture seriously and to look into each and every case which is brought
to their attention (E/CN.4/1992/17, para. 10).
24.
When a Government of a country which is mentioned in this report has
submitted a report in the course of the present year to the Committee against
Torture and the Committee has considered that report, reference is made to the
relevant documents. The Special Rapporteur is of the opinion that the
information provided in these documents is a useful addition to the
information contained in the present report.
25.
Twice the Special Rapporteur had to send an urgent appeal pursuant to
Commission resolution 1992/59 on behalf of persons who had cooperated with
representatives of human rights bodies of the United Nations and with regard
to whom fear had been expressed that they might be subjected to retaliatory
measures, including torture. It would be sad indeed if people were victimized
for doing exactly what the United Nations expects them to do.
26.
The Special Rapporteur this year did not receive an invitation to visit a
country, although he approached some Governments when the situation in the
country concerned appeared to make such a visit advisable. The Special
Rapporteur feels that too many Governments still see such an invitation as an
admission that torture is wilfully condoned in the country concerned. He
wished to reiterate what he has said before: nobody knows better than he how
difficult it is to eradicate torture. He therefore feels that he would
perform his function in a half-hearted way if he confined himself to
transmitting allegations to Governments without offering advice to them on how
to fight effectively the phenomenon of torture.
27.
During its forty-eighth session the Commission was addressed by the
Minister of Justice and Attorney General of the Sudan. On that occasion the
Minister stated that anybody could come to his country and inform himself
about the human rights situation there. On 3 March 1992 the Special
Rapporteur wrote a letter to the Government of the Sudan in which he asked
whether this statement could be seen as an invitation to him to visit the
country. On 23 November 1992 he received a reply from the Minister of
Justice, the content of which is reflected in paragraphs 412-414 below. The
Minister said that access to prisons had already been granted to Western
Ambassadors in Khartoum and to representatives of the ACP countries and the
EEC Parliamentary Assembly, and that he had informed the Chief Justice and the
Minister of Foreign Affairs of the Special Rapporteur's willingness to visit
the country.