A/HRC/13/39 ill-treatment which actually lead to sanctions against the officials responsible appear to be conducted in exceptional cases only. Often, Governments simply explain the reasons for the arrest and detention of the alleged victims, i.e., they refer to the crimes which these individuals have committed or are suspected of having committed and fail to respond to the allegations of torture and ill-treatment to which these individuals may have been subjected. Thirty-six Governments failed to react to any of his allegation letters or urgent appeals.2 39. Whereas it is difficult to assess the impact of the individual communication procedure, the effect of such communications should not be underestimated. During country visits, the Special Rapporteur often met former victims, whether still detained or at liberty, who assured him that individual communications sent on their behalf by him, his predecessors or other special procedures had had a positive effect and had saved them from further torture or similar human rights violations. D. Reports to the Human Rights Council and the General Assembly 40. In the thematic parts of his annual reports to the Human Rights Council and the General Assembly, the Special Rapporteur has reported on a wide range of topics. Interactive dialogue with Governments, NGOs and other stakeholders is usually interesting and sometimes leads to highly controversial discussions. He had been particularly challenged in relation to his reports concerning corporal and capital punishment. Other controversial discussions were stimulated by reports on torture-related issues in the context of the fight against terrorism, such as extraordinary renditions, diplomatic assurances to circumvent the principle of non-refoulement or the use of evidence extracted by torture. 41. Some of the Special Rapporteur’s recommendations have been included or confirmed in general resolutions on the issue of torture and ill-treatment, but his countryspecific conclusions and recommendations have never led to any resolutions or recommendations by the Human Rights Council or the General Assembly; although some of these recommendations have been taken up again as part of the universal periodic review. Nevertheless, better use could be made of the extensive research and investigation by the Special Rapporteur and his distinguished predecessors in order to eradicate torture and ill-treatment, improve conditions of detention and guarantee the human right of dignity and personal integrity to detainees and other vulnerable groups. IV. Torture 42. All the Special Rapporteur’s work on the mandate, but in particular his visits to countries in all regions of the world, have enabled him to make the observations set out below, on which his general conclusions and recommendations are based (see the full assessment in the document A/HRC/13/39/Add.5). A. What is torture? 43. The term “torture” should not be used in an inflammatory manner. It is reserved for one of the worst possible human rights violations and abuses human beings can inflict upon each other, and therefore carries a special stigma. It therefore holds a special position in international law: it is absolutely prohibited and this prohibition is non-derogable. Where 2 10 See summaries of these communications and government replies in the Special Rapporteur’s annual communication reports. GE.10-10042

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