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Commission on Human Rights
58th session
9 April 2002



ORAL PRESENTATION BY THEO VAN BOVEN,
SPECIAL RAPPORTEUR OF
THE COMMISSION ON HUMAN RIGHTS
ON THE QUESTION OF TORTURE

Item 11 (a) – Civil and political rights, including the question of:
torture and detention.




Mr. Chairperson,

It is for me a special occasion to present my first report to the Commission on Human Rights (E/CN.4/2002/137) as Special Rapporteur on torture. I do so with a deep sense of responsibility and at the same time in the awareness that global action against torture is sadly enough no less of a pressing need today than it used to be in the past.

The Commission has also before it two documents submitted by my predecessor, Sir Nigel Rodley: the main report (E/CN.4/2002/76) and an addendum which contains a summary of all communications sent by the Special Rapporteur from 15 December 2000 to his resignation on 12 November 2001, as well as replies from Governments thereto. Replies to allegations and urgent appeals contained in this report have since then been received from a number of States, namely Algeria, Argentina, Armenia, Australia, Azerbaijan, Brazil, Burundi, China, Colombia, Egypt, Germany, Georgia, India, Israel, Italy, Lebanon, Libya, Maldives, Mexico, Morocco, Myanmar, Pakistan, Paraguay, Portugal, the Russian Federation, Saudi Arabia, Spain, Sri Lanka, Switzerland, Sweden, Turkey, Trinidad and Tobago, Vietnam and Venezuela. Although I have now taken over the duties of Special Rapporteur, any comments relating to Sir Nigel’s report are welcome.

The main report of Sir Nigel contains in particular a further revised version of the recommendations made over the years by the Special Rapporteur. I would encourage Governments and other interested national and international actors to reflect upon them as a useful tool to combat torture and make every effort to follow them up and to implement them.

I would like to take the opportunity to pay tribute to the work done by Sir Nigel over the years since his appointment as Special Rapporteur in 1993. Thanks to his constant commitment, the mandate received the attention it deserves and proved to be a valuable mechanism in the prevention of and the fight against torture. In discharging the mandate conferred to him, Sir Nigel showed great independence and integrity and I will do my best to continue his work in the same spirit.

It is well understood that I am guided by the methods of work described in the annex of document E/CN.4/1997/7 which have been approved over the years by the Commission. In particular, I will continue to seek cooperation with holders of other Commission mandates in order to avoid duplication of work and to ensure concerted action. Similarly, l intend to cooperate closely with human rights mechanisms particularly relevant to my mandate, such as the Committee against Torture, the Board of Trustees of the United Nations Voluntary Fund for Victims of Torture and the Commission on Crime Prevention and Criminal Justice. No doubt the complementary nature of the mandates and activities of these various mechanisms that combat practices of torture and that provide redress and rehabilitation to torture victims should be taken into account.

In my report, I express the hope that in the future, sufficient resources will become available to meet the essential requirements of my mandate, especially with respect to follow-up activities which in the past have not reached the level that is needed. I strongly believe that follow-up activities are indispensable in any system aiming at the promotion and protection of human rights.

Mr. Chairperson,

This year, in view of the present human rights climate, I deemed it necessary to underline in my report the non-derogable nature of the prohibition of torture and cruel, inhuman or degrading treatment or punishment. The review of relevant norms of international human rights and humanitarian law included in my report can no better be summed up than by quoting the repeated and unambiguous pronouncement of this Commission that all forms of torture and other cruel, inhuman or degrading treatment or punishment can never be justified under any circumstances whatsoever.

It is indeed for good reasons that at this session of the Commission a fair deal of attention is being paid to the issue of the compatibility of anti-terrorism measures with the duty to respect human rights and fundamental freedoms. In this regard I wish to associate myself fully with statements issues by human rights advocates, including the High Commissioner, to the effect that in pursuing the objective of eradicating terrorism it is essential to strictly adhere to international obligations and commitments to uphold human rights and fundamental freedoms. The purpose of anti-terrorism measures is to protect human rights and democracy, not to undermine these fundamental values. As indicated in the statement issued by 17 experts of the Commission on the occasion of the human rights day on 10 December 2001, the measures specifically taken to combat terrorism must be limited to the extent strictly required by the exigencies of the situation. I may add that more than ever before the need for the international monitoring of such measures is evident.

In particular, I would like to refer to the plight of refugees and asylum-seekers who in the present climate of increase in xenophobic sentiments and attitudes are among the first victims of human rights violations. It should not be forgotten that many refugees are themselves victims of torture or inhuman or degrading treatment or punishment and may thus be at risk of retraumatisation in the current context. It must be recalled that the protection of non-refoulement is of an imperative nature and represents an inherent part of the overall fundamental obligation for all States to avoid contributing in any way to a violation of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment.


Mr. Chairperson,

In January, I had the opportunity to address the pre-sessional open-ended working group of the Commission on the question of the draft optional protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Since ten years of intense negotiations have matured the project, I would encourage the Commission to adopt the draft proposal presented by the Chairperson of the working group, contained in document E/CN.4/2002/78. I believe that this is a well-balanced text and may well become a useful instrument in the efforts to prevent torture and other cruel, inhuman or degrading treatment or punishment.

I note with interest last year’s request by the Commission to study the situation of trade and production in equipment specifically designed to inflict torture and other cruel, inhuman or degrading treatment, its origin, destination and forms, with a view to finding the best ways to prohibit such trade and production and to combat its proliferation. I regret that due to the lack of sufficient information, I am not yet able to present such a study. I welcome further information on this important issue from governmental and non-governmental sources.

With respect to requests for visits in situ, as referred to in my report, I wish to inform the Commission that, taking into account requests made earlier by my predecessor, I expressed an interest in undertaking such visits, within the framework of my mandate, to the following countries: Algeria, Egypt, Georgia, India, Indonesia, Israel, Nepal, the Russian Federation with respect to the Republic of Chechnya, Tunisia and Uzbekistan. I also responded with interest to invitations received by my predecessor from the Governments of Bolivia, Equatorial Guinea and China. By way of update in respect of possible missions for this year, I wish to inform the Commission that contacts have been established with the Governments of Bolivia and Georgia. Other visits may be scheduled in the years to come.

Last but not least, I would like to express my great respect for the High Commissioner Mary Robinson, who has always been very supportive of the work of the special mechanisms of the Commission. Her commitment to the cause of human rights in the broadest sense and her contribution to the mandate and the Office of the High Commissioner for Human Rights will always be remembered and acknowledged with deep appreciation.

Thank you.