Human rights in the administration of justice : resolution / adopted by the General Assembly

 

Human rights in the administration of justice

  The General Assembly, Convinced of the need for further co-ordinated and concerted action in promoting respect for human rights in the administration of justice, Guided by the principles embodied in articles 3, 5, 9, 10 and 11 of the Universal Declaration of Human Rights, as well as the relevant provisions of the International Covenant on Civil and Political Rights, in particular article 6, which explicitly states that no one shall be arbitrarily deprived of his life, Bearing in mind its resolutions 2858 (XXVI) of 20 December 1971 and 3144 (XXVIII) of 14 December 1973 on human rights in the administration of justice, Recalling Economic and Social Council resolutions 1984/47 and 1984/50 of 25 May 1984, in which, inter alia, the Council approved the procedures for the effective implementation of the Standard Minimum Rules for the Treatment of Prisoners and the safeguards guaranteeing protection of the rights of those facing the death penalty, Bearing in mind also the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Considering the work in progress with regard to the draft Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, Recalling its resolution 39/118 of 14 December 1984, in which, inter alia, it requested the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders to give urgent attention to the matter of devising ways and means to ensure more effective application of existing standards and to report thereon to the General Assembly at its fortieth session, Acknowledging the important work accomplished by the Seventh Congress, in particular in relation to the formulation and application of United Nations standards and norms in the administration of justice under item 7 of its agenda,

1. Deplores the continued use of cruel, inhuman or degrading treatment or punishment, prohibited under international law, and strongly condemns the practice of summary or arbitrary executions;

2. Welcomes the Basic Principles on the Independence of the Judiciary, unanimously adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, and invites Governments to respect them and to take them into account within the framework of their national legislation and practice;

3. Encourages the Sub-Commission on Prevention of Discrimination and Protection of Minorities of the Commission on Human Rights, in giving further consideration to the question of the independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers, which is currently on its agenda, to take into account the Basic Principles adopted by the Seventh Congress in making final recommendations at its thirty-ninth session;

4. Takes note with appreciation of the Model Agreement on the Transfer of Foreign Prisoners and Recommendations for the Treatment of Foreign Prisoners, also adopted unanimously by the Seventh Congress, and invites Member States to take the Model Agreement into account in establishing treaty relations with other Member States or in revising existing treaty relations;

5. Also takes note with appreciation of the recommendations made by the Seventh Congress with a view to ensuring more effective application of existing standards, in particular the Standard Minimum Rules for the Treatment of Prisoners, the Code of Conduct for Law Enforcement Officials and safeguards guaranteeing the rights of those facing the death penalty;

6. Calls upon Member States to spare no effort in providing for adequate mechanisms, procedures and resources so as to ensure the implementation of these recommendations, both in law and in practice;

7. Requests the Secretary-General to assist Member States, at their request, in implementing these recommendations and to report thereon to the Committee on Crime Prevention and Control;

8. Requests the Economic and Social Council, through the Committee on Crime Prevention and Control, to give special attention to effective ways and means of implementing existing standards, to pay due attention to new developments in this area and to keep these matters under constant review;

9. Invites the specialized agencies and other organizations of the United Nations system, as well as intergovernmental and non-governmental organizations concerned, to continue to co-operate with the Secretary-General in these endeavours by providing assistance, as may be appropriate, and by submitting proposals for relevant action to the Committee on Crime Prevention and Control;

10. Decides to consider at its forty-first session the question of human rights in the administration of justice..