E/CN.4/2004/56/Add.3
page 3
Introduction
1.
This document contains information supplied by Governments, as well as
non-governmental organizations (NGOs), relating to the follow-up measures to
recommendations of the Special Rapporteur made following country visits. In its
resolution 2001/62, the Commission on Human Rights urged all Governments to enter into
constructive dialogue with the Special Rapporteur on torture with respect to the follow-up to his
recommendations, so as to enable him to fulfil his mandate more effectively (para. 35). This
has been reiterated in Commission resolutions 2002/38 and 2003/32. In his report to the
fifty-ninth session of the Commission (E/CN.4/2003/68, para. 18), the Special Rapporteur
indicated that he would regularly remind Governments of countries to which visits have been
carried out of the observations and recommendations made after such visits. Information would
be requested on the consideration given to the recommendations, the steps taken to implement
them, and any constraints which may prevent their implementation. The Special Rapporteur also
indicated that information from NGOs and other interested parties regarding measures taken in
follow-up to his recommendations is welcome. The Special Rapporteur requested information
on the follow-up measures carried out from the following countries: Azerbaijan, Brazil,
Cameroon, Chile, Colombia, Kenya, Mexico, Pakistan, Romania, the Russian Federation,
Turkey, Uzbekistan and Venezuela. Information was received from the Governments of
Azerbaijan, Chile, Mexico, Romania, Turkey and Uzbekistan. Information was also received
from NGOs with respect to Brazil and Mexico. The Special Rapporteur is grateful for the
information received. He expresses the wish that Governments that have not yet responded or
have responded only in part to his recommendations will inform him of follow-up measures
taken or envisaged.
Azerbaijan
Follow-up to the recommendations made by the Special Rapporteur in the report of his visit to
Azerbaijan in May 2000 (E/CN.4/2001/66/Add.1, para. 120).
2.
By letter dated 9 July 2003, the Special Rapporteur acknowledged the response
received from the Government to the recommendations, which was summarized in document
E/CN.4/2002/76/Add.1, paragraphs 85 to 104. Additional information on implementation
measures was sought and the Government replied by letter dated 16 September 2003.
3.
Recommendation (a) stated: The Government should ensure that all allegations of
torture and similar ill-treatment are promptly, independently and thoroughly investigated
by a body capable of prosecuting perpetrators.
4.
Recommendation (b) stated: Prosecutors should regularly carry out inspections,
including unannounced visits, of all places of detention. Similarly, the Ministries of
Internal Affairs and of National Security should establish effective procedures for internal
monitoring of the behaviour and discipline of their agents, in particular with a view to
eliminating practices of torture and ill-treatment; the activities of such procedures should
not be dependent on the existence of a formal complaint. In addition, non-governmental
organizations and other parts of civil society should be allowed to visit places of detention
and confidential interviews with all persons deprived of their liberty.