A/HRC/16/52
United Nations
General Assembly
Distr.: General
3 February 2011
Original: English
Human Rights Council
Sixteenth session
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Report submitted by the Special Rapporteur on torture and
other cruel, inhuman or degrading treatment or punishment,
Juan E. Méndez*
Summary
This is the first report submitted by the incumbent Special Rapporteur to the Human
Rights Council. The Special Rapporteur took up his appointment on 1 November 2010,
replacing Manfred Nowak who had served two terms as Special Rapporteur.
The report gives an overview of the activities of the mandate over the reporting
cycle, including the activities carried out by the former Special Rapporteur up to the end of
his mandate on 31 October 2010. The Special Rapporteur outlines his working methods and
vision, and notes, in relation to follow-up country visits, that invitations from States to
conduct follow-up visits constitute a good practice that should be disseminated.
The Special Rapporteur advocates a victim-centred approach to the work of his
mandate. He believes that all human rights standards are subject to the norm of
“progressive development,” in that they evolve in accordance with new repressive actions
and features. In this regard, it is important to consolidate current interpretations of what
constitutes torture and cruel, inhuman and degrading treatment or punishment, and to insist
on effective implementation of States’ obligations to prevent and to punish violations. In
keeping with the progressive development of international jurisprudence, the Special
Rapporteur believes that expansive interpretations of norms are possible as long as they
better protect individuals from torture and cruel, inhuman or degrading treatment or
punishment. At the same time, such expansive interpretations should evolve from
agreements among all stakeholders reached after frank and open debate. It is the role of the
Special Rapporteur to generate such discussion as appropriate.
*
GE.11-10587
Late submission.