E/CN.4/2002/76
page 2
Introduction
1.
The mandate of the Special Rapporteur on torture, assigned since April 1993 to
Sir Nigel Rodley (United Kingdom), was renewed for three more years by the Commission on
Human Rights in its resolution 2001/62. In conformity with that resolution, the Special
Rapporteur hereby submits his ninth report to the Commission. Chapter I deals with aspects of
the mandate and methods of work. Chapter II summarizes his activities in 2000. A summary of
communications sent by the Special Rapporteur from 15 December 2000 to 12 November 2001
(date of Sir Nigel’s resignation from the mandate of Special Rapporteur on torture), as well as a
summary of replies from Governments thereto from 15 December 2000 to 1 December 2001,
may be found in addendum 1 to the present report.
2.
In addition to the above-mentioned resolution, several other resolutions and decisions
adopted by the Commission on Human Rights at its fifty-seventh session are also pertinent
within the framework of the mandate and have been taken into consideration by the Special
Rapporteur in examining and analysing the information brought to his attention. These
resolutions are, in particular: 2001/39, “Independence and impartiality of the judiciary, jurors
and assessors and the independence of lawyers”; 2001/40, “Question of arbitrary detention”;
2001/45, “Extrajudicial, summary or arbitrary executions”; 2001/46, “Question of enforced or
involuntary disappearances”; 2001/47, “The right to freedom of opinion and expression”;
2001/49, “Elimination of violence against women”; 2001/54, “Internally displaced persons”;
2001/64, “Human rights defenders”; 2001/70, “Impunity”; and decision 2001/105, “Right to
restitution, compensation and rehabilitation for victims of grave violations of human rights and
fundamental freedoms”.
I. MANDATE AND METHODS OF WORK
3.
No mandate-related issues have arisen during the year under review. The methods of
work of the Special Rapporteur have been those followed previously. In particular, he has
continued to seek cooperation with holders of other Commission mandates to avoid duplication
of activity in respect of country-specific initiatives. Thus, he has sent urgent appeals, transmitted
information alleging violations within his mandate to Governments and sought missions to
Member States in conjunction with the following mechanisms: the Working Group on Arbitrary
Detention; the Special Rapporteurs on extrajudicial, summary or arbitrary executions; the
independence of judges and lawyers; the promotion and protection of the right to freedom of
opinion and expression; violence against women, its causes and consequences; and the situation
of human rights in the Democratic Republic of the Congo; the Special Representative of the
Commission on the situation of human rights in the Islamic Republic of Iran and the
Special Representative of the Secretary-General on human rights defenders.
4.
In paragraph 9 of its resolution 2001/62, the Commission on Human Rights invited the
Special Rapporteur to study the situation of trade and production in equipment which is
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 to prohibit such trade and
production and to combat its proliferation, and report thereon to the Commission on Human
Rights. Accordingly, on 7 August 2001, a note verbale was sent to all Permanent Missions to
the United Nations Office at Geneva, to international organizations, as well as relevant