A/HRC/13/39
Rights and present Human Rights Council, the United Nations has significantly enhanced
the objectivity of the international human rights discourse.
24.
Independent experts have played an increasingly active role within the human rights
system of the United Nations since the late 1960s. They make up the human rights treaty
bodies entrusted with the monitoring of States parties’ compliance with their respective
treaty obligations. In parallel, on the basis of Economic and Social Council Resolution 1235
(XLII) of 1967, the former Commission on Human Rights entrusted working groups and
later individual experts to investigate the overall human rights situation in those States
particularly criticized for gross and systematic violations of human rights (country-specific
mandates). The Special Rapporteur on Torture was established in 1985 as the third thematic
mandate.
25.
The tasks of the Special Rapporteur on the question of torture are manifold and,
besides the key areas outlined below, include a variety of awareness-raising activities done,
for example, via the media.
26.
Despite the considerable constraints in terms of time and resources, the Special
Rapporteur feels that he is able to provide a fairly comprehensive study of the phenomena
of torture, cruel, inhuman or degrading treatment or punishment, including an assessment of
conditions of detention, in the world today (contained in A/HRC/13/40/Add. 5). Although
in total he has visited less than 10 per cent of all Member States, many problems found in
the countries visited are similar and follow a certain pattern, which allows the Special
Rapporteur to draw general conclusions.
27.
The present report builds on the analysis contained in the study, which is primarily
based on the experience gained during country visits. The Special Rapporteur would
therefore like to thank all the Governments that had invited him to carry out fact-finding
missions and facilitated them by providing information and support. Secondly, he is
grateful to the Office of the High Commissioner for Human Rights in Geneva for
supporting his mandate most effectively and providing him with highly motivated and
professional staff. Thirdly, without the effective support and cooperation of a considerable
number of international and domestic NGOs, as well as courageous human rights defenders
in many countries, it would have been impossible either to regularly send allegation letters
and urgent appeals to Governments or carry out highly difficult and complex fact-finding
missions in all regions. Fourthly, he wishes to thank the Governments of Austria,
Switzerland, Liechtenstein and other donors for their support of a remarkable team of
highly professional and dedicated human rights experts at the Ludwig Boltzmann Institute
of Human Rights at the University of Vienna. Lastly, he is impressed by the courage of so
many victims and witnesses, both inside and outside detention, who provided him with
information about prison conditions and detailed accounts of their own suffering at the
hands of ruthless torturers and their superiors in too many countries. Many of these
courageous individuals, despite the major concern that the protection that the Special
Rapporteur — and the United Nations — could give is regrettably very limited, took the
risk to provide him with the information necessary to carry out his mandate and inform the
United Nations about the reality of torture and ill-treatment around the world.
28.
The reality is alarming. Despite the fact that torture constitutes one of the most
brutal attacks on human dignity and one of the most serious human rights crimes — and
notwithstanding the absolute prohibition of torture and ill-treatment even in the most
exceptional circumstances, such as war, internal disturbances and terrorism — torture and
ill-treatment are widespread practices in the majority of the countries. No society is
immune from torture, but, in many societies, torture is practised on a daily basis, both as a
means to fight ordinary crime and in combating terrorism, extremism or similar politically
motivated offences. In addition, conditions of detention are appalling in the vast majority of
countries and must often be qualified as cruel, inhuman or degrading. Whether convicted
6
GE.10-10042
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents