E/CN.4/2006/6 page 2 Summary The Special Rapporteur on torture, Manfred Nowak, submits his first report to the Commission. Section I summarizes the activities of the Special Rapporteur in 2005, with a particular focus on the period since the submission of his interim report to the General Assembly. In section II, the Special Rapporteur discusses the methods of work related to country visits, particularly the terms of reference for fact-finding missions. He examines the implications of these conditions, specifically with respect to visiting places of detention. According to the Special Rapporteur, the terms of reference are fundamental, common-sense considerations that are essential to ensure an objective, impartial and independent assessment of torture and ill-treatment during country visits. Section III contains a report on recent activities and developments related to diplomatic assurances. The Special Rapporteur draws attention to the importance of maintaining the focus and remaining vigilant on practices such as the use of diplomatic assurances, which attempt to erode the absolute prohibition on torture in the context of counter-terrorism measures. He reiterates that diplomatic assurances are not legally binding and undermine existing obligations of States to prohibit torture, are ineffective and unreliable in ensuring the protection of returned persons, and therefore shall not be resorted to by States. Section IV examines the distinction between torture and cruel, inhuman or degrading treatment or punishment. He concludes that the distinction relates primarily to the question of personal liberty. Outside a situation where one person is under the total control of another - i.e. where a person is rendered powerless - the proportionality principle is a precondition for assessing the scope of application of the prohibition of cruel, inhuman or degrading treatment or punishment. In all other cases, and in particular in situations of interrogation, no proportionality test may be applied and the prohibition of torture and cruel, inhuman or degrading treatment or punishment is equally as absolute as the prohibition of torture. The summary of communications sent by the Special Rapporteur from 1 December 2004 to 15 December 2005 and the replies received thereto from Governments by 31 December 2005, as well as a number of country-specific observations, are found in addendum 1 to the report. The summary of the information provided by Governments and non-governmental organizations on the implementation of the Special Rapporteur’s recommendations following country visits is found in addendum 2. Addendums 3 to 6 are the reports on the country visits to Georgia, Mongolia, Nepal and China, respectively. Document E/CN.4/2006/120 contains the joint report prepared with the Special Rapporteurs on the right of everyone to the highest attainable standard of physical and mental health, the independence of judges and lawyers, and freedom of religion or belief, and the Chairperson of the Working Group on Arbitrary Detention concerning the human rights situation of detainees held at the United States of America Naval Base at Guantánamo Bay, Cuba.

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