A/59/324 Notes 18 1 See General Comments No. 20 (1992), para. 3, and No. 29 (2001), para. 7, adopted by the Human Rights Committee. See also Official Records of the General Assembly, Fifty-first Session, Supplement No. 44 (A/51/44) paras. 180-222. 2 Ibid., Fifty-second Session, Supplement No. 44 (A/52/44), para. 257. 3 General Comment No. 29 (2001), para. 13. 4 General Comment No. 31 (2004), para. 8. 5 See General Comment No. 20 (1998) of the Human Rights Committee, para. 20. See also European Court of Human Rights, Ocalan v. Turkey, No. 46221/99, paras. 231-232, judgement of 12 March 2003. 6 Prosecutor v. Anto Furundzija, No. IT-95-17/1-T, Judgement, 10 December 1998, para. 148. 7 Chahal v. the United Kingdom, No. 22414/93, para. 80, judgement of 15 November 1996, Reports 1996-V. 8 Communication No. 63/1997: Josu Arkauz Arana v. France, Official Records of the General Assembly, Fifty-fifth Session, Supplement No. 44 (A/55/44), annex VIII, sect. A.2. 9 Report by Mr. Alvaro Gil-Robes, Commissioner for Human Rights, on his visit to Sweden (21-23 April 2004), Comm DH (2004) 13, para. 19. 10 See, in particular, the language used in resolutions 1235 (XLII) and 1503 (XLVIII) of the Economic and Social Council. 11 Official Records of the General Assembly, Forty-eighth Session, Supplement No. 44, Addendum 1 (A/48/44/Add.1), para. 39. 12 See, for example, the Rome Statute of the International Criminal Court, article 7 (h). 13 See Human Rights Watch, “Empty Promises”: Diplomatic Assurances No Safeguard Against Torture, New York, 2004. 14 The Special Rapporteur appreciates the information and documentation provided for the preparation of this report by Dr. Norberto Liwski, Chairman of the Comité de Defensa de la Salud, la Ética Profesional y los Derechos Humanos (Argentina) and member of the Committee on the Rights of the Child, and by the International Rehabilitation Council for Victims of Torture (IRCT). 15 On this aspect, the Special Rapporteur would like to refer to the reports of his predecessor, Sir Nigel S. Rodley, on his visit to Brazil (E/CN.4/2001/66/Add.2, para. 28) and to the Russian Federation (E/CN.4/1995/34/Add.1, para. 71). 16 In its General Comment No. 20, the Human Rights Committee notes that “prolonged solitary confinement of the detained or imprisoned person may amount to acts prohibited by article 7” (para. 6). 17 For a more detailed view of the medical aspects of torture, see O.V. Rasmussen, “Medical aspects of torture. Torture types and their relation to symptoms and lesions in 200 victims, followed by a description of the medical profession in relation to torture” in Danish Medical Bulletin, vol. 37, supplement No. 1, January 1990. 18 The Special Rapporteur notes that the European Court of Human Rights held that “[t]he lack of appropriate medical care may amount to treatment contrary to Article 3” (see Keenan v. Turkey, Application No. 27229/95, para. 111, ECHR, Reports of Judgements and Decisions, 2001-III). 19 Basoglu and others, “Torture and mental health, a research overview”, in The Mental Health Consequences of Torture, edited by Ellen Gerrity, Terence M. Keane and Farris Tuma, Kluwer Academic/Plenum Publishers, New York, 2001, p. 50. 20 Ibid.