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 (44th sess. : 1988 : Geneva) |
| Publication Date | 8 March 1988 |
| Citation / Document Symbol | E/CN.4/RES/1988/32 |
| Reference | 44 |
| Cite as | UN Commission on Human Rights, Torture and other cruel, inhuman or degrading treatment or punishment : report of the Special Rapporteur., 8 March 1988, E/CN.4/RES/1988/32, available at: https://www.refworld.org/docid/3b00f0d310.html [accessed 20 September 2023] |
1988/32. 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, Seriously concerned about the alarming number of reported cases of torture and other cruel, inhuman or degrading treatment or punishment taking place in various parts of the world, Welcoming the entry into force on 26 June 1987 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly by its resolution 39/46 of 10 December 1984, as well as the election of the members of the Committee against Torture, 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 it decided to continue the mandate of the Special Rapporteur for another year, Recognizing that torture constitutes a criminal obliteration of the human personality which can never be justified under any circumstances, by any ideology or overriding interest, Determined to promote the full implementation of the prohibition under international and 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 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 the recommendations and conclusions of the Special Rapporteur underlined in its resolution 1987/29,1. Commends the Special Rapporteur for his report (E/CN.4/1988/17 and Add.1);
2. Underlines once again previous conclusions and recommendations of the Special Rapporteur pertaining to a system of periodic visits and to the establishment at the national level of an independent authority which can receive complaints by individuals;
3. Endorses the recommendation of the Special Rapporteur that Governments and medical associations should take strict measures against all persons belonging to the medical profession who have in that capacity had a function in the practice of torture;
4. Underlines also the conclusions of the Special Rapporteur stressing the importance of limiting, and eventually declaring illegal, incommunicado detention under national law, since many alleged cases of torture are reported to have taken place during incommunicado detention;
5. Endorses once again the recommendation of the Special Rapporteur to all States to sign and to ratify as soon as possible the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and requests him to continue to promote universal adherence to that Convention and to encourage all States to fulfil its provisions strictly;
6. 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;
7. Decides to continue the mandate of the Special Rapporteur for two years, in order to enable him to submit further conclusions and recommendations to the Commission;
8. Decides further 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;
9. Requests the Secretary-General to appeal to all Governments to co-operate with and assist the Special Rapporteur in the performance of his tasks and to furnish all information requested;
10. Further 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-fifth session.
52nd meeting8 March 1988
[Adopted without a vote. See chap. X.]
