Question of a draft Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

1992/43.
Question of a draft optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment

The Commission on Human Rights, Recalling its decision 1991/107 of 5 March 1991, by which it decided to consider at its forty-eighth session the text, proposed by the Government of Costa Rica on 22 January 1991, of a draft optional protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (see E/CN.4/1991/66), designed to establish a preventive system of visits to places of detention, Noting that the draft optional protocol is a revised version of the draft submitted in 1980, also by Costa Rica, which takes account of the developments in the international fight against torture since then, Recalling its resolution 1986/56 of 13 March 1986 and its decision 1989/104 of 6 March 1989, in which it considered that a system of visits to places of detention could represent a major step forward towards the effective prevention of torture, Noting that the Special Rapporteur on the question of torture, Mr. Peter Kooijmans, has considered in his last report (E/CN.4/1992/17) that the institution of a treaty-based system of periodic visits to places of detention would be a highly effective preventive measure against the occurrence of torture,

1. Decides to establish an open-ended inter-sessional working group of the Commission on Human Rights in order to elaborate a draft optional protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, using as a basis for its discussions the draft text proposed by the Government of Costa Rica on 22 January 1991, and to consider the implications of its adoption and the relationship between the draft optional protocol, regional instruments and the Committee against Torture;

2. Invites all Governments, specialized agencies and non-governmental organizations to participate in the activities of the working group;

3. Requests the working group to meet for a period of two weeks prior to the forty-ninth session of the Commission;

4. Requests the Secretary-General to invite Governments, intergovernmental organizations, the Committee against Torture, the Special Rapporteur on the question of torture and non-governmental organizations to send comments on the draft optional protocol and its implications, for consideration by the working group, and to circulate these contributions to Governments in advance of the meeting of the working group;

5. Also requests the Secretary-General to invite international or regional bodies with experience in visiting places of detention to submit their observations to the working group;

6. Further requests the Secretary-General to extend all the necessary facilities to the working group for its meeting prior to the forty-ninth session of the Commission;

7. Decides to examine the question at its forty-ninth session under a specific sub-item entitled "Question of a draft optional protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment" under the agenda item entitled "Question of the human rights of all persons subject to any form of detention or imprisonment";

8. Recommends the following draft resolution to the Economic and Social Council for adoption:

[For the text. see chap. 1, sect. A, draft resolution IV.]

52nd meeting
3 March 1992
[Adopted without a vote. See chap. X.]