Human rights in the administration of justice.

1987/33. Human rights in the administration of justice

The Commission on Human Rights, Guided by the principles embodied in articles 3, 5, 9, 10 and 11 of the Universal Declaration of Human Rights, as well as the relevant provisions of the International Covenant on Civil and Political Rights, in particular article 6, which explicitly states that no one shall be arbitrarily deprived of his life, Guided also by the relevant principles embodied in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and in the International Convention on the Elimination of All Forms of Racial Discrimination, Calling attention to the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power and the safeguards guaranteeing protection of the rights of those facing the death penalty, as well as to the Basic Principles on the Independence of the Judiciary, the Code of Conduct for Law Enforcement Officials and the Standard Minimum Rules for the Treatment of Prisoners, Considering the importance of progress with regard to the Draft Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, Further calling attention to proposals for the elaboration of a second Optional Protocol to the International Covenant on Civil and Political Rights on the elimination of the death penalty, as well as to the prohibition under article 6 of the International Covenant on Civil and Political Rights of the imposition of the death penalty for crimes committed by persons below 18 years of age, Acknowledging the important work accomplished by the Committee on Crime Prevention and Control at its ninth session and welcoming the recommendations made by the Economic and Social Council in its resolution 1986/10 of 21 May 1986 concerning more effective implementation of the international standards in the field of administration of justice, Further guided by General Assembly resolutions 2858 (XXVI) of 20 December 1971, 3144 (XXVIII) of 14 December 1973, 40/146 of 13 December 1985 and 41/149 of 4 December 1986 on human rights in the administration of justice, Convinced of the need for further co-ordinated and concerted action in promoting respect for human rights in the administration of justice, in particular among its relevant mechanisms such as special rapporteurs or working groups, Conscious in this regard of the need to respond to the recommendations of the Group of High-level Intergovernmental Experts to Review the Efficiency and Effectiveness of the Administrative and Financial Functioning of the United Nations,

1. Reiterates its call upon Member States to spare no effort in providing for effective legislative and other mechanisms and procedures and adequate resources to ensure more effective implementation of existing international standards relating to human rights in the administration of justice;

2. Emphasizes the importance of education and public information programmes in the field of human rights for law students, the legal profession and all those responsible for the administration of justice;

3. Recognizes the important role that non-governmental organizations, including professional associations of lawyers and judges, can play in promoting human rights in the administration of justice;

4. Requests the Sub-Commission on Prevention of Discrimination and Protection of Minorities to give urgent consideration to the issue of the independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers, taking into account the report of its Special Rapporteur on this subject, with a view to making recommendations to the Commission at its forty-fourth session;

5. Also requests the Sub-Commission, taking into account Commission decision 1986/106 of 13 March 1986, to give further attention to the question of a declaration against unacknowledged detention of persons, as well as to the question of states of siege or emergency, in accordance with decision 1986/104 of 12 March 1986;

6. Further requests the Sub-Commission to give due attention to the various standards adopted in this field, in particular by the Fifth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, with a view to making recommendations to the Commission at its forty-fourth session on measures to be taken for their most effective application;

7. Also requests the Sub-Commission, when carrying out its annual review of the human rights of persons subjected to any form of detention or imprisonment, to include in its consideration the work of the Human Rights Committee and the Committee on the Elimination of Racial Discrimination, the developments elsewhere in the human rights programme and the activities within the United Nations programme on crime prevention and control bearing upon the subject, and requests the Secretary-General to make available to the Sub-Commission succinct information on these matters;

8. Calls upon its special rapporteurs and working groups to give particular attention to questions relating to the effective protection of human rights in the administration of justice, in particular also with regard to unacknowledged detention of persons;

9. Requests the Secretary-General to ensure close co-operation between the Centre for Human Rights and the Centre for Social Development and Humanitarian Affairs on matters relating to human rights in: the administration of justice,

10. Further requests the Secretary-General, in ensuring the above-mentioned co-operation, to invite the Human Rights Committee and regional human rights institutions established by regional human rights instruments to comment on possible areas of co-operation with human rights bodies of the United Nations system in this field;

11. Invites the Secretary-General to establish a focal point within the Centre for Human Rights to monitor the aspects relating to human rights in the administration of justice within the various elements of the United Nations human rights programme, the programme on crime prevention and control, and the work of the specialized agencies, regional organizations and non-governmental organizations in consultative status, and to provide, as appropriate, advice on co-ordination and other relevant issues in the field;

12. Requests the Secretary-General to continue to assist Member States, at their request, in implementing these standards, in particular under the programme of advisory services;

13. Invites the Economic and Social Council to take into account the provisions of the present resolution and all relevant aspects of the human rights programme of the United Nations when conducting its review of the United Nations programme on crime prevention and control at its first regular session of 1987;

14. Requests the Secretary-General to report to the Commission at its forty-fourth session on the implementation of the present resolution;

15. Decides to consider the question of human rights in the administration of justice at its forty-fourth session under the agenda item entitled "Question of the human rights of all persons subjected to any form of detention or imprisonment".

54th meeting
10 March 1987
[Adopted without a vote. See chap. X.]