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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