A/HRC/16/52
37.
The Special Rapporteur proposes a victim-centred approach to his mandate, while at
the same time seeking to strengthen existing international standards and norms. Cognisant
of the frequently changing and evolving nature of torture, he intends to work towards
ensuring the extension of those standards and norms to cover new areas of concern. The
Special Rapporteur believes that all human rights standards are subject to the norm of
“progressive development,” in that they evolve in accordance with emerging new features
of repression. In that sense, it is important to consolidate current interpretations of what
constitutes torture and cruel, inhuman and degrading treatment or punishment, as well as
insist that States effectively implement their obligations to prevent and punish violations.
He considers that his mission includes formulating proposals to expand protection to
situations that have not been previously envisioned. This should be guided by experience
and thoughtful consideration of the values involved and the adoption of “best practices” by
all States. In this connection, he considers it his duty to promote open and frank discussion
with States and other stakeholders on areas where reality demands a progressive
interpretation of existing norms and their expansion to situations not previously
contemplated. Such development should proceed through a broad consensus that emerges
after careful consideration and open discussion. The Special Rapporteur intends to place
special emphasis on strengthening the application and implementation of existing standards.
He advocates a straight-forward and effective approach to allegations of torture or illtreatment. In his view, the State has a responsibility to investigate every allegation of
torture, and to prosecute and punish perpetrators if the allegations are proven. This feature,
which is unique to the prohibition of torture as a human rights standard, requires States to
apply due diligence to every allegation of ill-treatment in order to determine whether the act
indeed contravenes the law and, if so, to mobilize its institutions to prosecute and punish
the perpetrators, and offer reparation to the victims.
A.
Cooperation and coordination with other mechanisms
38.
The Special Rapporteur places great importance on coordination with other
mechanisms. He intends to work closely with other mandate holders, in particular those
addressing extra-judicial executions, disappearances, arbitrary detention, counter-terrorism,
health, migrants and violence against women, to ensure that cross-cutting issues are
approached in a holistic manner.
39.
The Special Rapporteur welcomes the already established good practice of
collaboration with the Committee against Torture, the Subcommittee on the Prevention of
Torture (SPT) and other relevant United Nations mechanisms and bodies concerned with
protection against torture and other cruel, inhuman or degrading treatment or punishment.
He also looks forward to collaborating, as appropriate, with regional organizations and
mechanisms, national human rights institutions, national preventive mechanisms and civil
society, including non-governmental organizations. He will continue to work with them to
ensure appropriate follow-up of their conclusions, recommendations and outcomes, and
will provide input into individual communications of the relevant treaty bodies, including
the Committee against Torture and the Subcommittee on the Prevention of Torture.
40.
The Special Rapporteur believes that in order to achieve optimal results, it is
essential to coordinate efforts and working methods with the Committee against Torture
and the Subcommittee on the Prevention of Torture, especially with regard to upcoming
country visits, monitoring conditions in places where persons are deprived of their liberty,
and following up recommendations. The Special Rapporteur looks forward to discussing
working methods with the treaty body mechanisms in order to further develop modalities
for addressing issues of mutual concern.
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