E/CN.4/2003/68
page 3
Introduction
1.
The mandate of the Special Rapporteur on torture, 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 conformity with resolution 2002/38, the Special
Rapporteur hereby submits his second report to the Commission. Chapter I deals with aspects of
the mandate and methods of work. Chapter II summarizes his activities in 2002 and chapter III
contains the Special Rapporteur’s general conclusions and recommendations. The summary of
communications sent by the Special Rapporteur and the replies thereto from Governments
from 1 December 2001 to 1 December 2002, as well as country-specific observations, may be
found in addendum 1 to this report. The study of the situation of trade and production in
equipment specifically designed to inflict torture or other cruel, inhuman or degrading treatment,
its origin, destination and forms, with a view to finding the best ways of prohibiting such trade
and production and to combat its proliferation, as requested by the Commission in paragraph 13
of resolution 2002/38, may be found in document E/CN.4/2003/69. That report is of a
preliminary nature.
I. MANDATE AND METHODS OF WORK
2.
As indicated in his first report to the Commission (E/CN.4/2002/137, para. 3), the Special
Rapporteur adheres to the principle of continuity in the discharge of the mandate conferred upon
him pursuant to the relevant Commission resolution. Thus, he continues to be guided by the
methods of work described in the annex to document E/CN.4/1997/7 and would like to take the
opportunity to describe these methods briefly with a view to enhancing cooperation with all
parties concerned.
3.
The work of the Special Rapporteur is characterized by the following main types of
activity:
(a)
Seeking and receiving credible and reliable information from Governments,
specialized agencies and intergovernmental and non-governmental organizations as well as
private individuals;
(b)
Sending urgent appeals to Governments to clarify the situation of individuals
whose circumstances give grounds to fear that treatment falling within the Special Rapporteur’s
mandate might occur or be occurring;
(c)
Transmitting to Governments information of the sort mentioned in (a) above
indicating that acts falling within his mandate may have occurred or that legal or other measures
are needed to prevent the occurrence of such acts;
(d)
Exploring the possibility of undertaking fact-finding visits to States where
information suggests that torture may involve more than isolated and sporadic incidents, with a
view to gaining more direct knowledge of the situation and practice relating to matters falling
within his mandate and identifying measures to prevent the recurrence of such cases and to
improve the situation; and