United Nations - OHCHR

|United Nations |A/HRC/16/52/Add.2 | |
|[pic] |General Assembly |Distr.: General |
| | |25 February 2011 |
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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 of the Special Rapporteur on torture and other cruel,
inhuman or degrading treatment or punishment, Juan E. Méndez
Addendum
Follow up to the recommendations made by the Special Rapporteur
Visits to Azerbaijan, Brazil, China (People's Republic of),
Denmark, Equatorial Guinea, Georgia, Indonesia, Jordan, Kazakhstan,
Mongolia, Nepal, Nigeria, Paraguay, the Republic of Moldova, Spain,
Sri Lanka, Togo, Uruguay and Uzbekistan*
Contents Paragraphs Page Introduction 1-5 3 Azerbaijan 6-11 3 Brazil 12-19 27 China (People's Republic of) 20-26 50 Denmark 27-32 72 Equatorial Guinea 33-37 89 Georgia 38-44 95 Indonesia 45-51 108 Jordan 52-57 122 Kazakhstan 58-68 140 Mongolia 69-74 160 Nepal 75-79 171 Nigeria 80-84 192 Paraguay 85-91 204 Moldova (the Republic of) 92-100 232 Spain 101-106 264 Sri Lanka 107-113 301 Togo 114-120 317 Uruguay 121-125 336 Uzbekistan 126-133 361 Appendix 398 Guidelines for the submission of information on the follow-up to
the country visits of the Special Rapporteur on the question of
torture Introduction 1. This document contains information provided by States, and
other stakeholders, including National Human Rights Institutions
and non-governmental organizations (NGOs), relating to the follow-
up measures to the recommendations of the Special Rapporteur and
his predecessors made after conducting country visits. In paragraph
5 c) of its resolution 8/8 on torture and other cruel, inhuman or
degrading treatment or punishment of June 2008, the Human Rights
Council urged States "To ensure appropriate follow-up to the
recommendations and conclusions of the Special Rapporteur." The
report submitted to the fifty-ninth session of the Commission
(E/CN.4/2003/68, para. 18), indicated that Governments of States to
which visits have been carried out would regularly be reminded of
the observations and recommendations made by the Special Rapporteur
after such visits. Information would be requested on the
consideration given to the recommendations, the steps taken to
implement them, and any constraints that may prevent their
implementation. Information from NGOs and other interested parties
regarding measures taken in follow up to his recommendations would
be welcome as well. 2. The Special Rapporteur follows the format of the follow-up
report which was modified in 2008 with the aim of rendering it more
reader-friendly and of facilitating the identification of concrete
steps taken in response to the specific recommendations and their
results. For this reason, follow-up tables have been created for
each State visited by the mandate holders in the past ten years.
The tables contain the recommendations of the Special Rapporteur
and his predecessors, a brief description of the situation when the
country visit was undertaken, an overview of steps taken in
previous years and included in previous follow-up reports and
measures taken in the current year on the basis of information
gathered by the Special Rapporteur, from governmental and non-
governmental sources. 3. By letter dated 12 October 2010, the Special Rapporteur
submitted to the respective Governments for their consideration and
comments the information on follow-up measures he had gathered.
Letters were sent to the following States: Azerbaijan, Brazil,
China (People's Republic of), Denmark, Equatorial Guinea, Georgia,
Indonesia, Jordan, Kazakhstan, Mongolia, Nepal, Nigeria, Paraguay,
the Republic of Moldova, Spain, Sri Lanka, Togo, Uruguay and
Uzbekistan. The Special Rapporteur is grateful for the information
received. 4. Owing to restrictions, the Special Rapporteur has been obliged
to reduce the details of responses; attention has been given to
reflect information that specifically addresses the
recommendations, and which has not been previously reported. 5. The Special Rapporteur notes that invitation to the Special
Rapporteur to conduct follow-up country visits constitutes a good
practice that should be replicated.
Azerbaijan
Follow-up to the recommendations made by the Special Rapporteur
(Nigel Rodley) in the report of his visit to Azerbaijan from 7 to
15 May 2000 (E/CN.4/2001/66/Add.1, para.120) 6. By letter dated 12 October 2010, the Special Rapporteur sent
the table below to the Government of Azerbaijan, requesting
information and comments on the follow-up measures taken with
regard to the implementation of his recommendations. He expresses
his gratitude to the Government for providing comprehensive
information on steps taken during the reporting period. 7. The Special Rapporteur welcomes the continuous commitment of
the Government to ensure that all allegations of torture and ill-
treatment are investigated by prosecuting bodies. He encourages the
Government to take effective steps to ensure that continued
allegations of the use of torture and ill-treatment and excessive
use of force by the police at the time of apprehension and while in
detention are promptly and impartially investigated, and
perpetrators are prosecuted and punished, including by means of
criminal sanctions. The Special Rapporteur notes the lack of
information provided on the number of allegations or complaints
received and investigated by the Ombudsperson and appeals to the
Government to enhance the accountability on the measures taken in
this respect. 8. The Special Rapporteur commends the Government for measures
undertaken to strengthen the independence of judiciary and notes
with satisfaction the establishment of an independent judicial body
in charge of the self-government of judicial authority.
Nevertheless, the Special Rapporteur remains concerned about the
allegations pointing to a lack of independence of the judiciary
from the executive branch and echoes the observation of the
Committee against Torture[1] with regard to guaranteeing the full
independence and impartiality of the judiciary. 9. The Special Rapporteur notes the information regarding daily
examination of temporary detention centres by prosecution officers,
and relevant instructions of the Ministry of Internal Affairs
allowing free and unlimited monitoring of temporary detention
centres by non-governmental organizations. He calls upon the
Government to ensure that the Public Committee designated to
monitor places of detention, can effectively realize its mandate of
conducting unimpeded and unannounced visits to all places of
detention, including pre-trial detention centres. 10. The Special Rapporteur notes with satisfaction the measures
undertaken to ensure that all detainees are examined by a physician
prior to detention, and that medical registers are prepared in
accordance with the Istanbul Protocol.[2] He encourages the
Government to ensure timely forensic examination of persons
alleging ill-treatment. The Special Rapporteur remains concerned
about the allegations of coerced confessions said to be used as
evidence to secure convictions and wishes to reiterate that any
evidence obtained by torture should be excluded from judicial
proceedings. 11. The Special Rapporteur calls upon the Government to give
urgent consideration to discontinuing the use of the detention
centre of the Ministry of National Security. |Recommendation |Situation during |Steps taken in previous years |Information received in |
|(E/CN.4/2001/66/Ad|visit | |the reporting period |
|d.1, para. 120). | |(E/CN.4/2004/56/Add.3); | |
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