A/HRC/13/39/Add.5
up mission have not been accepted so far. The only country where I was invited shortly
after my mission to conduct a training workshop for members of the National Preventive
Mechanism established in accordance with OPCAT is Moldova. Sri Lanka invited me for a
similar purpose but later withdrew this invitation.
21.
I fully recognize that the follow-up to my country missions is one of the weak points
in carrying out my mandate. Although keenly interested in recent developments in all
countries visited my predecessors and by me, my teams in Geneva and Vienna and I simply
do not have the capacity to independently assess the extent to which our missions were
successful, in the sense that the real situation of torture and ill-treatment, including
conditions of detention improved. One should, however, take into account that the followup to my country missions is not primarily my task but that of my parent bodies to which I
report, i.e. the Human Rights Council and the General Assembly. Special procedures are
independent experts appointed by the Human Rights Council with a mandate to objectively
investigate the legal and factual situation of a particular human right or a related problem
on a global level, and to report to the Council and the Assembly on their findings, including
their assessment of the situation in a particular country as a result of a country mission and
their recommendations. Strictly speaking, our task is fulfilled when we deliver our reports
and present them during the inter-active dialogue in the respective political decision making
bodies of the United Nations. These bodies have the mandate to urge the respective
Governments to implement our recommendations and the political power for an effective
follow-up. Unfortunately, apart from discussing our reports during the inter-active dialogue
and using some of our recommendations in the universal periodic review (UPR), not much
attention is paid by the political bodies of the United Nations to our mission reports,
conclusions and recommendations. On the contrary, Governments often seem to be more
interested in criticizing our fact-finding and insisting on our responsibilities as laid down in
the Code of Conduct, than in a proper follow-up to our recommendations.
D.
Individual communications
22.
I send communications concerning individual allegations of torture and ill-treatment
in relation to a considerable number of countries almost on a daily basis. These
communications are sent by the alleged victims and their families or via domestic and
international NGOs and other channels. We carefully check the reliability of the sources
and the consistency of the information provided. If the allegations are credible and relate to
past practices, I send an “allegation letter” to the respective Government. If the persons
concerned might still be under a risk of torture or ill-treatment, I send an “urgent appeal”
which until recently was transmitted directly to the respective Minister for Foreign Affairs.
After the Code of Conduct for Special procedures was adopted by the Human Rights
Council in 2007, even “urgent appeals” need to be communicated via the diplomatic
Missions in Geneva or New York which, of course, delays this urgent procedure.
23.
In these communications, I emphasize to Governments my inability to assess the
accuracy of the allegations contained therein. Consequently, communications forwarded to
any Government shall not be interpreted as an accusation from my side. But since I only
forward allegations or risks of torture and ill-treatment which at first sight seem credible to
me, I also stress the obligations of the respective Governments in accordance with article 13
CAT and article 7 ICCPR to independently carry out investigations, to immediately stop
any practices of torture and ill-treatment, to provide victims with reparation and, should a
case of torture be found, to bring the perpetrators to justice. In any case, I ask the
Governments concerned to inform me of the type of investigations conducted and of their
results.
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