E/CN.4/1993/26
page 9
17.
Of course, a Government may feel that it is useful to invite the Special
Rapporteur for an investigative visit to see for himself that the allegations
transmitted to the Government are baseless or in order to show the
international community that it is willing to cooperate in the eradication of
torture. Even if some of the allegations were to be found correct, the report
on such an investigative visit should be focused on recommendations to improve
the situation in that country. Although geared to a common goal, the
eradication of torture, the various mandates are complementary as a result of
their completely different character.
18.
Would the establishment of a system of periodic visits to places of
detention with an infrastructure of its own lead to an overlap? The main
thrust of such a system is preventive. Regular inspection of detention places
by independent experts, either on a national or on an international level, is
bound to have a prophylactic effect on the occurrence of torture. In
particular, visits by international experts will lead to recommendations of a
very concrete nature; since the visits will be periodical, the experts will be
in an excellent position to see whether their recommendations have been
complied with and what results can be ascertained from such compliance. On
the universal level this would be a completely new instrument in the fight
against torture and, therefore, would be complementary to the existing
mechanisms. Such a new instrument is far from superfluous in view of the fact
that this fight has been far from successful until now. If they cooperate
closely and exchange information whenever possible, the establishment of a
system of visits would make all mechanisms more effective.
19.
Since the finalization of last year's report the Special Rapporteur
sent 44 letters to 43 Governments. In these letters about 700 cases of
alleged torture were transmitted to the Governments concerned. If the
information received contained not only concrete allegations of torture but
also a critical analysis of a more general nature, this information was also
brought to the attention of the Governments with the request to comment on
this analysis.
20.
Seventy-nine urgent appeals were sent to 31 Governments dealing with
roughly 300 individuals as well as several groups of persons with regard to
whom fears of torture had been expressed.
21.
The Special Rapporteur approached a total of 55 Governments asking for
their comments and received replies from only 27 Governments; moreover, he
received from eight Governments replies dealing with cases which were
mentioned in previous reports. Many of the replies received, however, do not
refer to all the cases transmitted by the Special Rapporteur. It should be
kept in mind, however, that a number of letters were dispatched rather late in
the year and that Governments need time to investigate allegations.
22.
In his letter the Special Rapporteur specifies in detail the kind of
information he needs. The reply should not only contain information on the
accuracy of the allegation and relevant factual circumstances but also on the
authority responsible for the investigation, the result of any medical
examination and the identity of the person who performed it, the outcome of