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

8 (XXXIII). 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]12

The Commission on Human Rights, Recalling the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, contained in General Assembly resolution 3452 (XXX), and Economic and Social Council resolution 1993 (LX), calling upon all Governments fully to observe and implement the Declaration, Recalling also General Assembly resolution 31/85 , Mindful of its resolution 10 (XXXII), in which it inter alia invited the Sub-Commission on Prevention of Discrimination and Protection of Minorities, in pursuance of General Assembly resolution 3453 (XXX):

(a) 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 as a guideline for its work when considering the question of the human rights of persons subjected to any form of detention or imprisonment under Sub-Commission resolutions 7 (XXVII) and 4 (XXVIII),

(b) 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,[2]13 the draft principles on freedom from arbitrary arrest and detention and other relevant material, a body of principles for the protection of all persons under any form of detention or imprisonment,

Noting resolution 3 (XXIX) of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, wherein the Sub-Commission inter alia recommended the appointment of a group of its members to analyse the material received in connexion with the human rights of persons subjected to any form of detention or imprisonment and to prepare the Sub-Commission's annual review of developments in this field, Noting also the decision adopted by the Sub-Commission at its twenty-ninth session to appoint Mr. Erik Nettel as Rapporteur to formulate, in co-operation with the Secretariat, the first draft of a body of principles for the protection of all persons under any form of detention or imprisonment, for consideration at the thirtieth session of the Sub-Commission,[3]14 Stressing the importance of full implementation of the right of every individual to be protected from being subjected to torture and other cruel, inhuman or degrading treatment or punishment,

1. Reiterates the need for full observance and implementation of the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment as unanimously adopted by the General Assembly in resolution 3452 (XXX);

2. Requests the Sub-Commission on Prevention of Discrimination and Protection of Minorities to continue to consider the question of torture and other cruel, inhuman or degrading treatment or punishment in the light of previous pertinent resolutions;

3. Requests the Sub-Commission on Prevention of Discrimination and Protection of Minorities to present to the Commission on Human Rights at its thirty-fourth session a comprehensive report on the elaboration of a body of principles for the protection of all persons under any form of detention or imprisonment, to be submitted to the General Assembly at its thirty-third session, in accordance with General Assembly resolution 31/85 ;

4. Decides to consider with priority at its thirty-fourth 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]12 Adopted at the 1416th meeting, on 4 March 1977, without a vote. See chap. VIII. [2]13 United Nations publication, Sales No. E.65.XIV.2. [3]14 See E/CN.4/1218, chap. XVII, sect. B, para. 2.
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