E/CN.4/1989/15 page 1 I. INTRODUCTION 1. At its forty-first session, the Commission on Human Rights adopted resolution 1985/33, by which it decided to appoint a special rapporteur to examine questions relevant to torture. 2. On 12 May 1985, the Chairman of the Commission appointed Mr. Peter Kooijmans (Netherlands) Special Rapporteur who, in pursuance of Commission resolutions 1986/50 and 1987/29, submitted reports (E/CN.4/198 6/15 and E/CN.4/19 87/13) to the Commission at its forty-second and forty-third sessions respectively. 3. At its forty-forth session, the Commission had before it the third report of the Special Rapporteur (E/CN.4/1988/17 and Add.l) and adopted resolution 1988/32, by which it decided to continue the mandate of the Special Rapporteur for two years, in order to enable him to submit further conclusions and recommendations to the Commission at its forty-fifth and forty-sixth sessions. The Economic and Social Council endorsed that resolution by decision 1988/130. 4. In submitting his fourth report to the Commission, the Special Rapporteur cannot but conclude that torture is still rampant in various parts of the world. Hopeful developments in some countries are counterbalanced by depressing deteriorations in other. The Special Rapporteur has been confirmed in his opinion, already expressed in previous reports, that situations of civil strife and civil war are particularly conducive to the practice of torture. He has received an alarming amount of information with respect to such situations, revealing a pattern of routinely practised torture and ill-treatment by both parties to such conflicts. In these situations it is generally the local population which is the main victim. Pressed and terrorized by guerrilla movements to provide support and furnish them with food and shelter they are suspected immediately by the security forces of having done so. Thus pressure and violence are used by the security forces to extract confessions and information from them. In the bitterness of the struggle for political power, the universally recognized rights of the individual are considered to be a matter of low priority, indeed almost trivial, to which none of the parties can afford to attach importance, since higher interests are at stake. 5. The majority of the allegations received by the Special Rapporteur deal with torture practised under circumstances such as those just described. Since the prohibition of torture concerns a human right which is explicitly mentioned in article 4 of the International Covenant on Civil and Political Rights as a right from which no derogation may be made in tines of public emergency, the Special Rapporteur feels that Governments have a special responsibility to investigate such allegations and to take all appropriate measures to prevent torture being practised by government agents. The often undeniable fact that torture is used by the opposing forces can never justify similar practices by security forces. Therefore, strict instructions should be given to the security forces to respect the prohibition of torture and violation of such instructions should be punished immediately.

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