A/HRC/13/39
31.
The purpose of country missions is very simple. The Special Rapporteur tries to
assist Governments in their efforts to eradicate torture and to improve prison conditions.
Such assistance is only possible on the basis of thorough and objective fact-finding and
assessment of the respective needs for reform. In order to evaluate the legal and factual
situation of torture and ill-treatment in the countries concerned, the Special Rapporteur
must enjoy all diplomatic privileges and immunities of experts on mission as specified in
the Convention on the Privileges and Immunities of the United Nations, as well as freedom
of inquiry in the territory of the respective countries, the right to speak with all
stakeholders, including high-level Government officials, members of parliament, judges,
prosecutors, police and prison officials, representatives of national human rights
institutions, academia and NGOs and other civil society actors. Most important, of course,
are unrestricted and confidential interviews with victims and witnesses and full access to
relevant documents. Since torture usually takes places behind closed doors, his terms of
reference also include unannounced visits to all place of detention and confidential
interviews with detainees and prison staff.
32.
Furthermore, he is accompanied on visits by highly professional teams of human
rights experts, doctors (in particular forensic experts), interpreters, security officers and
other United Nations staff who must enjoy the same rights, diplomatic privileges and
immunities. In order to document cases of torture and ill-treatment in accordance with the
respective provisions of the Manual on Effective Investigation and Documentation of
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and professional
rules of experts in the field of human rights and forensic science, the team also uses
electronic devices, photo, audio and video equipment inside detention facilities. These
terms of reference are commonsense requirements for any effective and objective factfinding efforts.
33.
Nevertheless, the Special Rapporteur was often confronted with substantial efforts
by Governments to obstruct his fact-finding activities by subjecting him to extensive
surveillance and bureaucratic hurdles, demanding that he inform them in advance which
facilities he wished to inspect and granting unannounced visits only after long and difficult
negotiations; denying him access to certain detention facilities; preventing him from
speaking in private with detainees, victims and witnesses; extensively preparing detention
facilities and instructing detainees about the way they should interact (or not) with him, etc.
His task is to independently assess, to the best of his abilities, conditions of detention and
instances of torture as they are in reality. All efforts of the authorities aimed at falsifying
the situation make his task of objective fact-finding much more difficult and may even be
counterproductive, as they naturally raise suspicions that the Government has something to
hide. There is no country where there is no risk of torture and ill-treatment or prison
conditions that could not be improved.
34.
If Governments wish to use the Special Rapporteur’s findings and reports as a solid
basis for a comprehensive needs assessment aimed at improving the situation, it is in their
own interest to allow him to carry out his work as smoothly and effectively as possible. In
practice, only relatively few countries, notably Denmark and Uruguay, enabled him to
conduct his fact-finding without any particular interference or obstruction. The lessons
seem clear: as an independent expert, the Special Rapporteur has no interest other than to
objectively assess the situation of torture and ill-treatment in countries that invite him, with
the aim of assisting the respective Governments in their efforts to improve the situation.
This aim can only be achieved if Governments are genuinely interested in soliciting an
objective assessment from an external expert by engaging in an open and frank dialogue
based on mutual trust and respect. Governments have no obligation to invite the Special
Rapporteur. Nevertheless, it seems that several Governments invited him for other reasons,
such as earlier pledges to the Human Rights Council in order to be elected and a general
political desire to show to the international community that they actively cooperate with
8
GE.10-10042
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents