Fact-Finding on Torture and Ill-Treatment and Conditions of Detention

The UN Special Rapporteur on Torture (SRT) is mandated to investigate and assess the situation of torture worldwide. He takes up complaints by torture victims and sends communications to Governments; he addresses specific factual and legal issues related to torture and other cruel, inhuman, and degrading treatment and, most importantly; upon the invitation of Governments, he carries out fact-finding missions to specific countries. These country visits aim to establish a dialogue with the Government and to assess the situation of torture and ill-treatment in a given country. The preparation of a country visit may last up to several years, since sometimes long negotiations are necessary before a Government extends an invitation to the SRT accepting the SRT's terms of reference for fact-finding missions. These include full freedom of inquiry, unrestricted freedom of movement throughout the country as well as confidential interviews with victims, witnesses, human rights defenders, and non-governmental organizations (NGOs). Because torture takes place behind closed doors, torture fact-finding and the assessment of the general conditions of detention require unannounced visits to places of detention and individual and confidential interviews with persons deprived of their liberty. It is essential that interviews with detainees only take place with their informed consent and that necessary precautionary measures against reprisals are taken. The mission reports that are drafted on the basis of information received from the Government, NGOs, lawyers, and detainees are presented and discussed in the Human Rights Council. The SRT's recommendations included in the report should help the Government in its efforts to eradicate torture in the respective country. Additionally, the reports are essentially background materials for the Universal Periodic Review of the Human Rights Council and can serve as an important advocacy tool for NGOs and other actors.