Administrative detention without charge or trial.

1988/45. Administrative detention without charge or trial

The Commission on Human Rights, Recalling its resolution 1985/16 of 11 March 1985, in which it requested the Sub-Commission on Prevention of Discrimination and Protection of Minorities to analyse available information concerning the practice of administrative detention without charge or trial, and to make recommendations regarding its use, Noting Sub-Commission decision 1985/110 of 29 August 1985 regarding the preparation, in advance of the thirty-ninth session, of an explanatory paper suggesting procedures by which it might carry out its responsibilities concerning administrative detention without charge or trial, Noting also Sub-Commission resolution 1987/24 of 3 September 1987, in which the Sub-Commission requested its Rapporteur to draft a questionnaire and send it to all Governments, specialized agencies, regional intergovernmental organizations and non-governmental organizations in consultative status concerned, with a view to obtaining further information and views relating to the matters dealt with in his explanatory paper, and to present to the Sub-Commission, at its fortieth session, a further analysis on the basis, inter alia, of the answers to its questionnaire, Aware of the importance of considering further and in greater depth the question of administrative detention without trial, Noting with concern that, in some cases, the administrative detention procedure is subject to abuse, Bearing in mind that, in order to prevent any abuse, the administrative detention procedure must be applied, particularly with regard to duration, in clearly defined conditions laid down by national laws, in accordance with the norms of international law,

1. Takes note of the explanatory paper on the practice of administrative detention without charge or trial (E/CN.4/Sub.2/1987/16) submitted to the Sub-Commission at its thirty-ninth session;

2. Invites all Governments, specialized agencies, regional intergovernmental organizations and non-governmental organizations in consultative status concerned to assist the Rapporteur in discharging his mandate by forwarding their answers to the questionnaire sent to them;

3. Requests the Sub-Commission to consider, at its fortieth session, the analysis submitted by its Rapporteur and to make any proposals it deems necessary on the question to The Commission on Human Rights;

4. Decides to continue its consideration of this question at its forty-fifth session, under the agenda item "Report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on its fortieth session".

52nd meeting
8 March 1988
[Adopted without a vote. See chap. XIX.]
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