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12.
Individual cases regarding which no reply has been received are re-sent the following
year until a reply is received. The Special Rapporteur notes with concern that a number of
Governments have failed to provide any replies on cases originally sent in 1997 and 1998. The
Special Rapporteur analyses responses from Governments and transmits the contents to the
sources of the allegations, as appropriate, for comment. This practice will mainly concern cases
where the facts appear to be contradicted. If required, dialogue with the Government is then
pursued further.
13.
The Special Rapporteur wishes to make it clear communications regarding individual
cases - urgent appeals and allegations - do not constitute any judgement on his part concerning
the merits of the cases. In transmitting those communications, the Special Rapporteur does not
associate himself with or condone in any way acts or activities of the persons on whose behalf he
intervenes. No matter how wrongly, dangerously, or even criminally a person may act, every
human being is legally and morally entitled to protection on the basis of internationally
recognized human rights and fundamental freedoms. This applies a fortiori where a
non-derogable right, such as the prohibition of torture and other cruel, inhuman or degrading
treatment or punishment, is involved.
Fact-finding missions
14.
The Special Rapporteur carries out visits to countries on invitation, but also takes the
initiative of approaching Governments with a view to carrying out visits to countries concerning
which he has received information indicating the existence of a significant incidence of torture.
Such visits should allow the Special Rapporteur to gain more direct knowledge of situations
falling within his mandate, and are intended to enhance the dialogue between the Special
Rapporteur and the authorities most directly concerned, as well as with the alleged victims, their
families and legal representatives and non-governmental organizations, with a view to making
detailed recommendations. When contemplating whether to request an invitation, the Special
Rapporteur takes into account, first and foremost, the number, quality and gravity/nature of the
allegations received and the potential impact that a mission to the country concerned may have
on the overall human rights situation. The Special Rapporteur welcomes the decision by an
increasing number of States to extend a standing invitation to all thematic special procedures of
the Commission on Human Rights and would urge others to seriously consider extending such
an invitation.
15.
The Special Rapporteur does not, as a rule, seek to visit a country in respect of which the
United Nations has established a country-specific mechanism such as a special
rapporteur/representative on the country, unless a joint visit seems to both to be indicated. For
countries where the mandates of other thematic mechanisms may also be affected, the Special
Rapporteur would consult with the latter with a view to exploring with the Government in
question, either jointly or in parallel, the possibility of a joint visit. Where the Committee
against Torture is considering the situation in a country under article 20 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, especially if
that consideration involves a visit or possible visit by the Committee to the country in question,
the Special Rapporteur does not seek a visit.