E/CN.4/2004/56
page 3
Introduction
1.
The mandate of the Special Rapporteur on the question of torture, created in 1985 and
exercised since November 2001 by Theo van Boven (the Netherlands), was renewed for three
more years by the Commission on Human Rights in its resolution 2001/62. In accordance with
Commission resolution 2003/32, the Special Rapporteur hereby submits his third report to the
Commission.
2.
Chapter I summarizes the activities of the Special Rapporteur in 2003. Chapter II
describes the types of communications sent to Governments by the Special Rapporteur and
describes the urgent appeals procedure. In chapter III, the Special Rapporteur draws attention to
a number of guarantees for individuals deprived of their liberty with a view to protecting them
from the risk of torture and other forms of ill-treatment. Chapter IV examines the question of
HIV/AIDS and torture. Chapter V contains some information on the follow-up to the
preliminary study of the Special Rapporteur on the situation of trade in and production of
equipment which is specifically designed to inflict torture or other cruel, inhuman or degrading
treatment, its origin, destination and forms (E/CN.4/2003/69).
3.
A summary of communications sent by the Special Rapporteur and the replies thereto
from Governments from 15 December 2002 to 15 December 2003, as well as a number of
country-specific observations, is found in addendum 1 to the report. In addendum 2, the
Special Rapporteur presents his report on his visit to Spain. A summary of the information
provided by Governments and non-governmental organizations on implementation of the
recommendations of the Special Rapporteur following country visits is found in addendum 3.
4.
In the reports submitted to the Commission and the General Assembly, the
Special Rapporteur and his predecessors have examined issues of special concern with
respect to torture and other forms of ill-treatment. The annex to the report contains a list of
the issues considered to date.
I. ACTIVITIES OF THE SPECIAL RAPPORTEUR
5.
From 6 to 10 October 2003 the Special Rapporteur visited Spain (see
E/CN.4/2004/56/Add.2). Since the fifty-ninth session of the Commission, consultations in
relation to visits have continued with the Governments of Bolivia, China, Georgia and Nepal. In
accordance with Commission resolution 2003/11 (para. 5 (h)), the Special Rapporteur has also
requested the Government of Turkmenistan to extend to him an invitation to visit the country.
A similar request has been made to the Government of Equatorial Guinea. The Special
Rapporteur notes with regret that to date the invitations requested in previous years to the
following countries have not been forthcoming: India (1993), Indonesia (1993), Egypt (1996),
Algeria (1997), Tunisia (1998), the Russian Federation with respect to the Republic of
Chechnya (2000) and Israel (2002). Ten years have now passed without satisfactory responses
to his repeated requests to visit India and Indonesia. In this connection, attention is drawn to
Commission resolution 2002/84 entitled “Human rights and thematic procedures” with its
emphasis on cooperation with the Commission through pertinent thematic procedures.