|
|
Introduction
1. This addendum to the report of the Special Rapporteur contains, on a country-bycountry basis, summaries of reliable and credible allegations of torture and other cruel, inhuman or degrading treatment or punishment that were brought to the attention of the Special Rapporteur, and were transmitted to the Governments concerned. It also contains replies from Governments. This addendum does not illustrate the state of torture and other cruel, inhuman or degrading treatment or punishment throughout the world, but rather reflects the state of information brought to the attention of the Special Rapporteur.
2. The Special Rapporteur would like to recall that in transmitting these allegations to Governments, he does not make any judgement concerning the merits of the cases, nor does he support the opinion and activities of the persons on behalf of whom he intervenes. The prohibition of torture and other cruel, inhuman or degrading treatment or punishment is a non-derogable right, and every human being is legally and morally entitled to protection. When the Special Rapporteur receives reliable and credible information that gives grounds to fear that a person may be at risk of torture or other forms of ill-treatment, he may transmit an urgent appeal to the Government concerned. The communications sent by the Special Rapporteur have a humanitarian and preventive purpose, and do not require the exhaustion of domestic remedies. Governments are requested to clarify the substance of the allegations, take steps to protect the person’s rights, and are urged to investigate the allegations and prosecute and impose appropriate sanctions on any persons guilty of torture and other cruel, inhuman or degrading treatment or punishment.
3. Observations by the Special Rapporteur have also been included where applicable. Such observations, which sometimes note the most recent findings of other supervisory bodies, in particular United Nations treaty bodies, are usually made when the information suggests that there may be a problem extending beyond the exceptional or isolated incident. References to press statements of the Special Rapporteur are also cited.
4. During the period under review, i.e. from 16 December 2003 to 30 November 2004, the Special Rapporteur sent 223 letters* to 77 Governments. The Special Rapporteur also sent 330 urgent appeals* to 72 Governments on behalf of individuals for whom fears had been expressed that they might be at risk of torture and other forms of ill-treatment. Government responses received up to 31 December 2004 have been included. The responses received after that date will be duly reflected in the addendum to the report of the sixty-second session of the Commission.
5. The Special Rapporteur appreciates the timely responses received from Governments to the letters and urgent appeals transmitted. He regrets that many Governments fail to respond, or do so selectively, and that responses to older cases remain outstanding in large part.
6. Owing to restrictions on the length of documents, the Special Rapporteur has been obliged to reduce considerably details of communications sent and received; attention is given to information specifically relating to the allegations of torture and other cruel, inhuman or degrading treatment or punishment. As a result, requests from Governments to publish their replies in their totality could not be acceded to.
* Includes joint action with other Special Procedures of the Commission on Human Rights.
to information specifically relating to the allegations of torture and other cruel, inhuman or
degrading treatment or punishment. As a result, requests from Governments to publish their
replies in their totality could not be acceded to.
Back to Contents
Contents
Afghanistan
This report has been published by Equipo Nizkor and Derechos Human Rights on July 27, 2005.