Question of the human rights of all persons subjected to any form of detention or imprisonment

10 (XXXII). Question of the human rights of all persons subjected to any form of detention or imprisonment[1]13

A

The Commission on Human Rights, Mindful of article 5 of the Universal Declaration of Human Rights and article 7 the International Covenant on Civil and Political Rights, both of them providing that no one shall be subjected to torture or to cruel, inhuman or degrading treatment, Welcoming the unanimous adoption by the General Assembly at its thirtieth session, in resolution 3452 (XXX), of the Declaration on the Protection of All persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Noting also General Assembly resolution 3453 (XXX), Which in its paragraph 2 (a) requested the Commission on Human Rights at its thirty-second Session to study the question of torture and any necessary steps for ensuring the effective observance of the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Recalling that under resolution 7 (XXVII) the Sub-Commission on Prevention of Discrimination and Protection of Minorities decided to review annually developments relating to the human rights of persons subjected to any form of detention or imprisonment, Noting resolution 4 (XXVIII) of the Sub-Commission on Prevention of Discrimination and Protection of Minorities,

1. Invites the Sub-Commission in considering under its resolutions 7 (XXVII) and 4 (XXVIII) the question of the human rights of persons subjected to any form of detention or imprisonment, to draw also upon the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment adopted by the General Assembly at its thirtieth session (resolution 3452 (XXX)) as a guideline for its work;

2. Recommends that the Sub-Commission examine the relevant information submitted under its resolutions 7 (XXVII) and 4 (XXVIII) also in the light of the principles contained in the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

3. Requests the Sub-Commission to report annually to the Commission on the implementation of the present resolution.

B

The Commission on Human Rights, Noting General Assembly resolution 3453 (XXX), which in its paragraph 2 (b) requested the Commission on Human Rights to study the formulation of a body of principles for the protection of all persons under any form of detention or imprisonment, on the basis of the Study of the Right of Everyone To Be Free from Arbitrary Arrest, Detention and Exile[2]14 and the draft principles on freedom from arbitrary arrest and detention contained therein, Recalling resolution 4 (XXVIII) of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, inviting the Commission on Human Rights to give urgent consideration to the Study of the Right of Everyone To Be Free from Arbitrary Arrest, Detention and Exile and the draft principles contained therein, Noting that by its resolution 23 (XXV) the Commission requested the Secretary-General to submit to Governments of States Members of the United Nations and specialized agencies for their comments the study on the right of arrested persons to communicate with those wham it is necessary for them to consult in order to ensure their defence or to protect their essential interests (E/CN.4/996) and the suggested modifications/revisions of some of the draft principles on freedom from arbitrary arrest and detentions,

1. Draws the attention of Governments, specialized agencies and non-governmental organizations in consultative status with the Economic and Social Council to:

(a) The Study of the Right of Everyone To Be Free from Arbitrary Arrest, Detention and Exile;

(b) The draft principles on freedom from arbitrary arrest and detention;

(c) The study on the right of arrested persons to communicate with those whom it is necessary for them to consult in order to ensure their defence or to protect their essential interests;

(d) Other relevant documents and reports submitted to the General Assembly, to the Economic and Social Council and to the Commission at its thirty-second session;

2. Invites Governments, specialized agencies and non-governmental organizations in consultative status with the Economic and Social Council to submit their comments, or their further comments, on any or all of the above documents before the twenty-ninth session of the Sub-Commission on Prevention of Discrimination and Protection of Minorities;

3. Requests the Secretary-General, taking into account the comments received under paragraph 2 above, to submit to the Sub-Commission on Prevention of Discrimination and Protection of Minorities at its twenty-ninth session an updated report on:

(a) The draft principles on freedom from arbitrary arrest and detention;

(b) The study on the right of arrested persons to communicate with those whom it is necessary for them to consult in order to ensure their defence or to protect their essential interests;

4. Requests the Sub-Commission on Prevention of Discrimination and Protection of Minorities to draw up at its twenty-ninth session, on the basis of the Study of the Right of Everyone To Be Free from Arbitrary Arrest, Detention and Exile, the draft principles on freedom from arbitrary arrest and detention and the other material referred to in paragraph 1 above, a body of principles for the protection of all persons under any form of detention or imprisonment and to transmit this body of principles to the Commission on Human Rights for its consideration at its thirty-third session;

5. Decides to consider with priority at its thirty-third session the item entitled "Question of the human rights of all persons subjected to any form of detention or imprisonment and in particular the body of principles for the protection of all persons under any form of detention or imprisonment".



[1]13 Adopted at the 1378th meeting, on 5 March 1976, without a vote. See chap. XII. [2]14 United Nations publication, Sales No. E.65.XIV.2.
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