Torture and other cruel, inhuman or degrading treatment or punishment : report of the Special Rapporteur.
| Publisher | UN Commission on Human Rights |
| Author | UN Commission on Human Rights (45th sess. : 1989 : Geneva) |
| Publication Date | 6 March 1989 |
| Citation / Document Symbol | E/CN.4/RES/1989/33 |
| Reference | 45 |
| Cite as | UN Commission on Human Rights, Torture and other cruel, inhuman or degrading treatment or punishment : report of the Special Rapporteur., 6 March 1989, E/CN.4/RES/1989/33, available at: https://www.refworld.org/docid/3b00f0c74.html [accessed 20 September 2023] |
1989/33. Torture and other cruel, inhuman or degrading treatment or punishment: report of the Special Rapporteur
The Commission on Human Rights, Having regard to article 5 of the Universal Declaration of Human Rights and article 7 of the International Covenant on Civil and Political Rights, both of which provide that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment, Recalling the Declaration on the Protection of All Persons from Being Subjected to Torture or Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly by its resolution 3452 (XXX) of 9 December 1975, Welcoming the fact that the number of States which have become parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is steadily increasing, Noting with satisfaction the entry into force on 1 February 1988 of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, Seriously concerned, however, about the persistence of an alarming number of reported cases of torture and other cruel, inhuman or degrading treatment or punishment taking place in various parts of the world, Recalling its resolution 1985/33 of 13 March 1985, by which it decided to appoint for one year a special rapporteur to examine questions relevant to torture, and its resolutions 1986/50 of 13 March 1986 and 1987/29 of 10 March 1987, by which that mandate was extended annually, Recalling also its resolution 1988/32 of 8 March 1988, by which it decided to continue the mandate of the Special Rapporteur for two years, while maintaining the annual reporting cycle, Recognizing that torture constitutes a criminal obliteration of the human personality which can never be justified under any circumstances, by any ideology or by any overriding interest, Determined to promote full implementation of the prohibition under international national law of the practice of torture and other cruel, inhuman or degrading treatment or punishment, Convinced that a society that tolerates torture can never claim to respect human rights, Convinced that efforts to eradicate torture should first and foremost be concentrated on prevention, Recalling the Standard Minimum Rules for the Treatment of Prisoners, approved by the Economic and Social Council by its resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977, Recalling General Assembly resolution 37/194 of 18 December 1982 by which the Assembly adopted the Principles of Medical Ethics relevant to the role of health personnel, particularly physicians, in the protection of prisoners and detainees against torture and other cruel, inhuman or degrading treatment or punishment, Recalling also General Assembly resolution 40/34 of 29 November 1985, by which the Assembly adopted the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, Recalling further General Assembly resolution 43/173 of 9 December 1988, by which the Assembly approved the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, Recalling the conclusions and recommendations of the Special Rapporteur (E/CN.4/1987/13, sect. VII) underlined in its resolutions 1987/29 and 1988/32,1. Commends the Special Rapporteur for his report (E/CN.4/1989/15);
2. Underlines once again the previous conclusions and recommendations of the Special Rapporteur concerning the importance of instituting a system of periodic visits by independent experts to places of detention;
3. Believes that, with the entry into force of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, useful experience can be gained which may make it easier to determine whether such a system of periodic visits can also be envisaged in other regions or on a world-wide scale;
4. Recalls the previous recommendations of the Special Rapporteur pertaining to the establishment at the national level of an independent authority able to receive complaints by individuals;
5. Underlines the recommendation of the Special Rapporteur that legal provisions should be adopted prescribing that a person shall be given prompt access to a lawyer after he has been arrested and making it obligatory to inform the relatives of an arrested person as soon as possible of both the arrest and the place where the detainee is being held;
6. Underlines again the conclusion of the Special Rapporteur stressing the importance of limiting, and eventually declaring illegal, incommunicado detention under national law, since the great majority of allegations refer to torture practised during incommunicado detention;
7. Takes note of the recommendations of the Special Rapporteur that interrogation of detainees should only take place at official interrogation centres and that each interrogation should start with the identification of all the persons present;
8. Underlines further the recommendation of the Special Rapporteur aiming at the organization of a proper medical examination for arrested or detained persons as promptly as possible after their admission to the place of detention;
9. Recalls that it is desirable for Governments and medical associations to take strong action against all persons belonging to the medical profession who have in that capacity had a function in the practice of torture;
10. Calls upon all States to sign and to accede to or ratify as soon as possible the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and requests the Special Rapporteur to continue to promote universal accession to that Convention and to encourage all States to fulfil its provisions strictly;
11. Emphasizes the importance of training programmes for law and security personnel, and draws the attention of interested Governments to the possibilities offered in this connection by the United Nations programme of advisory services in the field of human rights;
12. Decides that the Special Rapporteur, in carrying out his mandate, shall continue to seek and receive credible and reliable information from Governments, as well as specialized agencies, intergovernmental organizations and non-governmental organizations;
13. Appeals to all Governments to co-operate with and assist the Special Rapporteur in the performance of his tasks and to furnish all information requested;
14. Encourages the Governments concerned to give serious consideration to inviting the Special Rapporteur to visit their country, so as to enable him to fulfil his mandate even more effectively;
15. Expresses its thanks to the Governments which have invited the Special Rapporteur and requests them to give due consideration to his recommendations;
16. Requests the Secretary-General to provide all necessary assistance to the Special Rapporteur in order to enable him to submit his report to the Commission at its forty-sixth session.
51st meeting6 March 1989
[Adopted without a vote. See chap. X.]
