A/HRC/16/52 68. The Special Rapporteur considers the issues of torture and ill-treatment of victims in secret detention as a key concern that falls squarely within his mandate. He intends to follow up on any new and credible allegations concerning the ongoing use of places of secret detention by States or their complicity regarding their existence. Eradicating such practices is central to the prevention of torture and the Special Rapporteur believes that engagement in this issue cannot be seen as an unwarranted expansion of the definition of torture set forth in article 1 of the Convention or of the treaty’s establishment of responsibility for its occurrence. 69. The Special Rapporteur believes that frequent and unannounced visits, including timely and unlimited internal monitoring by independent mechanisms in all places of deprivation of liberty, are crucial for the prevention of torture. The Special Rapporteur further recalls the recommendations made by the experts of the joint study on global practices in relation to secret detention in the context of countering terrorism to, inter alia, fully respecting safeguards for persons deprived of their liberty and providing victims with judicial remedies and adequate, effective and prompt reparation. H. Issues for longer-term consideration 70. The Special Rapporteur recognizes that the question as to whether the death penalty, as well as some health and drug policies, prolonged solitary confinement, some treatments for mental disability, and domestic violence constitute per se cruel, inhuman or degrading treatment or punishment has given rise to much debate and discussion in the Human Rights Council. He recognizes the sensitive nature of these issues and believes that the international community as a whole would greatly benefit from a dispassionate and rational discussion of the issues. The Special Rapporteur will look more deeply into these issues and also suggests that they be the subject of further research by the Human Rights Council and its mechanisms. V. Conclusions and recommendations 71. The Special Rapporteur thanks the Human Rights Council for the confidence bestowed upon him by appointing him Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. He looks forward to constructive and open dialogue with the Council with the aim of furthering the universally shared interest in eradicating torture and ill-treatment worldwide. He calls for a redoubling of efforts by the mandate of Special Rapporteur, States, civil society and treaty bodies to achieve this goal. It is the view of the Special Rapporteur that it will also require, at times, some difficult and hard choices. Similarly, the implementation of his mandate will, inevitably, raise differences of opinion with regard to the substance, interpretation and approach, all of which may cause some discomfort for some States; however, the brutal nature of torture requires that all parties work quickly and constructively to address these mutual concerns. The Special Rapporteur intends to point out challenges fairly and objectively, and to acknowledge progress where it exists while working diligently with stakeholders to achieve a world without torture. He urges States to approach this difficult issue in a spirit of openness and good faith as he himself will do. 72. In view of this, the Special Rapporteur reiterates that the basic good faith measure that States can undertake to show their commitment to addressing torture remains the ratification, without reservation, of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol (the “Protocol”). The Convention and its Protocol are 16

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