UN Commission on Human Rights (48th sess. : 1992 : Geneva)
28 February 1992
Citation / Document Symbol
UN Commission on Human Rights, Habeas corpus., 28 February 1992, E/CN.4/RES/1992/35, available at: http://www.refworld.org/docid/3b00f01d4.html [accessed 5 December 2013]
1992/35. Habeas corpus
The Commission on Human Rights,Bearing in mind article 9 (4) of the International Covenant on Civil and Political Rights, Recalling its resolution 1991/34 of 5 March 1991, in which it invited the Sub-Commission on Prevention of Discrimination and Protection of Minorities to consider the question of the effectiveness of habeas corpus and similar remedies during states of emergency and to formulate suggestions thereon, Taking note of Sub-Commission resolution 1991/15 of 28 August 1991, as well as the recommendation contained in annex I, section 8 of the report of the Special Rapporteur (E/CN.4/Sub.2/1991/28/Rev.1), Recalling the advisory opinion of the Inter-American Court of Human Rights on habeas corpus in emergency situations (OC-8/87 of 30 January 1987), according to which habeas corpus is "essential for the protection of the rights and freedoms whose suspension Article 27(2) [of the American Convention on Human Rights] prohibits", Recalling also the Siracusa Principles on the Limitation and Derogation Provisions in the International Covenant on Civil and Political Rights, which concluded that the ordinary courts should maintain their jurisdiction, even in a time of public emergency, to adjudicate any complaint that a non-derogable right had been violated.
1. Calls upon on all States that have not yet done so to establish a procedure such as habeas corpus by which anyone who is deprived of his or her liberty by arrest or detention shall be entitled to institute proceedings before a court, in order that that court may decide without delay on the lawfulness of his or her detention and order his or her release if the detention is found to be unlawful;
2. Also calls upon all States to maintain the right to such a procedure at all times and under all circumstances, including during states of emergency.
48th meeting 28 February 1992 [Adopted without a vote. See chap. X.]