E/CN.4/2003/68
page 7
16.
In accordance with the terms of reference for fact-finding missions by special
rapporteurs/representatives of the Commission on Human Rights adopted by the fourth meeting
of special rapporteurs/representatives, independent experts and chairpersons of working groups
of the special procedures of the Commission on Human Rights and of the Advisory Services
Programme (E/CN.4/1998/45, annex V), before a fact-finding mission takes place, the
Government concerned is asked to guarantee the following to the Special Rapporteur and
accompanying United Nations staff: freedom of movement throughout the country; freedom of
inquiry, especially in terms of access to all detention centres and places of interrogation; free
contact with central and local authorities of all branches of Government; free contact with
representatives of non-governmental organizations, other private institutions and the media;
confidential and unsupervised contacts with witnesses and other private individuals, including
persons deprived of their liberty; and full access to all documentary material relevant to the
mandate. The Government is also asked for assurances that no persons, be they officials or
private individuals, who have been in contact with the Special Rapporteur in connection with the
mandate will suffer threats, harassment or punishment on that account or be subjected to judicial
proceedings. As stated by the meeting, these terms of reference “are the minimum necessary to
ensure the independence, impartiality and safety of visits by the Special Rapporteurs to the field.
These terms of reference do not exclude additional safeguards, depending on the mandates or
circumstances” (ibid., para. 71).
17.
During the mission, the Special Rapporteur meets with representatives of the
Government, non-governmental organizations and the legal profession, alleged victims of torture
and relatives of victims. He visits places of detention and of interrogation to obtain first-hand
knowledge of how the criminal legal process operates, from arrest to enforcement of the
sentence. Confidential and unsupervised interviews are conducted with victims of torture,
witnesses and other private persons, including those deprived of their liberty. In the mission
report, the Special Rapporteur may give an account of individual allegations received. Although
the monitoring of conditions of detention are not specifically mentioned in the mandate, they
may well be pertinent, especially when they constitute a grave risk to the life or health of
detainees.
18.
With regard to countries in which visits have been carried out, the Special Rapporteur
periodically reminds the Governments concerned of the observations and recommendations
formulated in the respective reports, requesting information on the consideration given to them
and the steps taken to implement them, or the constraints which may prevent their
implementation. The Special Rapporteur would also welcome information from
non-governmental organizations and other interested parties regarding measures taken in
follow-up to his recommendations. Thus, a dialogue on measures that might be undertaken by
the concerned authorities may be established.
Reports
19.
The Special Rapporteur is mandated by the Commission and the General Assembly to
report on an annual basis to both organs. Reports to the Commission contain summaries of all
communications (urgent appeals and allegation letters) transmitted to Governments and the