Background

Thirty-five years after the creation of the mandate, and mindful of the “need to be able to respond effectively to credible and reliable information that comes before him” as evoked by the Human Rights Commission (E/CN.4/res/1985/33, para. 6), the Special Rapporteur deems it timely to evaluate the effectiveness of States’ interactions with the mandate with a view to ensuring the prevention, investigation, prosecution and redress of torture and ill-treatment.

Summary

The report evaluates the effectiveness of the cooperation shown by States in their responses and follow-up to official communications and country visit requests transmitted by the Special Rapporteur, and recommends appropriate measures with a view to strengthening the interaction of States with the mandate of the Special Rapporteur and improving the compliance of States with their obligations arising from the absolute and non-derogable prohibition of torture and ill-treatment.

In his report, the Special Rapporteur conducts a longitudinal study through:

• statistical analysis and State consultation by questionnaire,
• evaluating the effectiveness of the cooperation shown by Governments in their responses and follow-up to official communications, and
• country visit requests transmitted by the Special Rapporteur.

He further provides recommendations on effective measures to be taken by States in order for them to:

(a) achieve the standard of “full cooperation” set by the Human Rights Council for their interaction with the mandate of the Special Rapporteur, and

(b) meet their universally recognized legal obligations arising from the absolute and non-derogable prohibition of torture and ill-treatment.

The Special Rapporteur found that around 90% of States’ responses to official communications of the Special Rapporteur fall short of standards set by HRC Resolution 43/20, while 36% do not receive any response whatsoever, 54% otherwise fail to adequately address the allegations transmitted.

The Special Rapporteur observed that the vast majority of country visit requests submitted by his mandate, including to States having issued a standing invitation to Special Procedure mandate holders, either receive no response whatsoever, or receive responses declining or indefinitely delaying the requested country visit, thus effectively preventing the mandate from carrying out independent monitoring visits based on the priorities and needs identified by the Special Rapporteur and, instead, obliging him to accept invitations from States that are prepared to host an official visit at the relevant time.

The Special Rapporteur concludes that, in order to reverse the long-standing dysfunctional interaction with States, a ground-breaking change of attitude and serious efforts are required on the part of all member States of the United Nations and calls for an OHCHR-led multi-stakeholder process aiming to identify agreed generic standards for evaluating and improving the effectiveness of States’ interaction with Special Procedure mandates in all areas of their work including, official communications, country visits and thematic reporting.

Additional information

• Special Rapporteur’s statement to the Human Rights Council
• Press release of the report: Governments’ commitment to torture ban lacks credibility worldwide: UN expert

Methodology

The report is based on a comprehensive analysis of all information made available to the mandate including, most notably, the responses received from States to official communications, requests and reports, as well as responses received from States to a questionnaire aiming to systematize the required data through governmental reporting and self-evaluation.