E/CN.4/1998/38
page 44
inappropriate for crimes such as torture or similar ill-treatment perpetrated
by public officials. He notes the finding of the Special Rapporteur on the
situation of human rights in the territory of the former Yugoslavia who also
“continues to receive reports of torture and ill-treatment from various parts
of the country” and who emphasizes “her concern about the question of
impunity, which, unless addressed by the Government, will continue to
facilitate further acts of torture” (A/52/490, para. 159).
Zambia
218. The Special Rapporteur transmitted one urgent appeal to the Government
on behalf of seven individuals and a number of unnamed persons.
Other communications: information transmitted
to the Palestinian Authority
219. The Special Rapporteur made one urgent appeal on behalf of one
individual.
IV.
CONCLUSIONS AND RECOMMENDATIONS
220. As he comes to the end of his first full term of office, the Special
Rapporteur can only be disappointed at the high incidence of torture in many
countries, while noting that it has substantially diminished in some, notably
where United Nations field operations are in place pursuant to a peace
agreement. How far the progress can be attributed to the field presence and
how far to the ending of the conflict is difficult to assess. Both factors
may be assumed to be making a contribution.
221. Regarding the continuing prevalence of the practice in so many
countries, the Special Rapporteur notes that in the past he has focused most
of his recommendations on measures that can be taken by the countries where
the torture takes place (see E/CN.4/1995/34, para. 926). As he has pointed
out, impunity of the perpetrators is at the heart of the problem, whether by
leaving detainees at the unsupervised mercy of their captors and interrogators
without access to the outside world (incommunicado detention), thus ensuring
that evidence of the crime of torture will not emerge, or by other means of
manipulating the criminal justice system so as to prevent torturers from being
brought to justice. This may be done by passing laws aimed at relieving the
perpetrators from criminal responsibility (amnesties, acts of indemnity and so
on), that is, de jure impunity, or by procedural means of blocking the
workings of justice, that is, de facto impunity.
222. In the light of recent developments, the Special Rapporteur deems it
useful to address measures that can be taken by the international community to
help end impunity for human rights crimes such as torture. Most topical is
the process currently under way of drafting a statute for an International
Criminal Court. This is a very positive development as the world approaches
the twenty-first century.
223. It is expected that any such court would be able to try crimes against
humanity. It is also expected that the statute will reflect (as is already
the case as regards the statutes of the International Criminal Tribunals for
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