A/HRC/19/61
Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar, in
Canada (also referred to as the Arar Commission).
42. The Gibson Inquiry was established to examine whether and to what extent State
security and intelligence agencies were involved or otherwise complicit in the improper
treatment or rendition of detainees held by other States in counter-terrorism operations in
the aftermath of the attacks of 11 September 2001. Some non-governmental organizations
have criticized the inquiry for its lack of transparency and lack of opportunities for the
participation of victims and other third parties.24
43. The Arar Commission was established to investigate the detention in 2002 of Maher
Arar while in transit through New York and his subsequent rendition to the Syrian Arab
Republic, where he was subjected to torture. In its report, the Commission acknowledged
the wrongs perpetrated against Mr. Arar and recommended possible remedies; it also
reviewed the policies and activities of the Royal Canadian Mounted Police and made
recommendations on information-sharing and oversight mechanisms for national security
agencies, including specific directives aimed at ensuring accountability and preventing any
possible future complicity in torture.
44. During county visits undertaken by the mandate holder, reports of torture from
national sources, such as official commission of inquiry, have been analysed in an effort to
corroborate allegations of torture and other forms of ill-treatment. 25 In May 2011, the
Special Rapporteur conducted a visit to Tunisia to engage with the interim Government to
examine the violations committed by the previous regime, assess the violations committed
in the interim period under the transitional Government and identify measures to be
implemented to prevent torture and other forms of ill-treatment in the future. In his report
thereon (A/HRC/19/61/Add.1), the Special Rapporteur refers to the “national commission
to establish the facts of abuses and violations from 17 December until the elimination of the
cause”, and recommends improvement of the fact-finding commission’s methodology,
particularly with regard to measures that could be taken to best preserve evidence gathered.
45. In response to international pressure, the President of Kyrgyzstan, after consultations
with the European Union, the Organization for Security and Cooperation in Europe and the
Office of the United Nations High Commissioner for Human Rights, established a
commission of inquiry into the events in southern Kyrgyzstan. The Special Rapporteur will
take note of these findings in his forthcoming report on Kyrgyzstan, following his visit in
December 2011. He will also take note of the Government’s response when formulating his
own recommendations, which will include an examination of the events of June 2010 in
Osh and surrounding provinces, in addition to other issues within the scope of his mandate.
46. In Bahrain, a commission of inquiry was established pursuant to Royal Order No. 28
in response to the events of February and March 2011 and thereafter, to investigate alleged
international human rights violations and propose recommendations. In response to the
Commission’s report, published in November 2011, the Government engaged in a
consultation process with relevant actors in order to implement the recommendations,
including an examination of all complaints of torture and other forms of ill-treatment. The
Special Rapporteur welcomes the opportunity to follow up on the Commission’s report,
within the scope of his mandate, and to contribute further to the reform process during his
official visit to Bahrain in March 2012.
24
25
12
See for example the joint letter addressed to the Detainee Inquiry, 3 August 2011. Available from
www.amnesty.org/en/library/asset/EUR45/010/2011/en/daf5cd13-dea8-47d2-99d26628b963f511/eur450102011en.pdf.
See E/CN.4/1997/7, annex.
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