A/59/324
authorities or, with the connivance of the authorities, risk being subjected to
persecution or systematic discrimination amounting to torture or other cruel,
inhuman or degrading treatment or punishment.12 These factors and circumstances
also have to be taken into account in determining the non-refoulement issue.
40. In the light of the imperative and absolute nature of the non-refoulement
principle, the Special Rapporteur is compelled to state that he is reticent with regard
to the practice of resorting to diplomatic assurances, in particular if that practice
becomes a substitute for the principle of non-refoulement. However, acknowledging
that there are situations and cases where resort to diplomatic assurances should not
be ruled out a priori, it is, in the Special Rapporteur’s opinion essential that, as
stated in his report of two years ago (A/57/173), such assurances contain an
unequivocal guarantee that the person concerned will not be subjected to torture or
any other form of ill-treatment, and that a system to monitor the treatment of that
person has been put into place. In view of the fact that assurances may be no more
than empty gestures,13 the Special Rapporteur wishes to put forward a number of
essential requirements that diplomatic assurances should fulfil in terms of protection
from torture and other forms of ill-treatment in order to make them solid,
meaningful and verifiable.
41. As regards guarantees for individuals deprived of their liberty, the Special
Rapporteur has drawn up a list of basic safeguards contained in international human
rights norms and standards and in general recommendations included in previous
reports (E/CN.4/2004/56, paras. 27-49). While this list of basic safeguards must
serve as a frame of reference with respect to all persons deprived of their liberty, a
number of them need to be explicitly included in the assurances to be obtained from
countries to which persons are handed over. Thus, assurances should as a minimum
include provisions with respect to prompt access to a lawyer (ibid., para. 32),
recording (preferably video-recording) of all interrogation sessions and recording
the identity of all persons present (ibid., para. 34), prompt and independent medical
examination, (ibid., para. 36) and forbidding incommunicado detention or detention
at undisclosed places (ibid., para. 37).
42. Finally, a system of effective monitoring is to be put in place so as to ensure
that assurances are trustworthy and reliable. Such monitoring should be prompt,
regular and include private interviews. Independent persons or organizations should
be entrusted with this task and they should report regularly to the responsible
authorities of the sending and the receiving States.
IV. The impact of torture on victims
43. In the fulfilment of his mandate, the Special Rapporteur not only receives
allegations of torture and other cruel, inhuman or degrading treatment or
punishment, but also information on the medical, psychological, social and other
consequences thereof. A description of the various effects or consequences of
torture cannot possibly be exhaustive. However, on the basis of the information
received over the years, including direct testimonies during fact-finding missions,
the Special Rapporteur would like to draw attention to some of the most common
consequences faced by torture victims, also often referred to as torture survivors in
recognition of those who have lived through this traumatic experience. In that
respect, it must be emphasized that one of the consequences of the use of torture
12
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