Administrative detention without charge or trial.

1989/38. 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, Recalling its resolution 1988/45 of 8 March 1988, whereby it invited 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, Noting Sub-Commission decision 1988/110 of 1 September 1988, in which the Sub-Commission requested Mr. L. Joinet to submit his report to it at its forty-first session, 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 analysis of questions dealt with in the explanatory paper on the practice of administrative detention without charge or trial (E/CN.4/Sub.2/1988/12), submitted by Mr. L. Joinet to the Sub-Commission at its fortieth session;

2. Requests the Sub-Commission to consider, as from its forty-first session, the report to be submitted by Mr. Joinet and to make any proposals it deems necessary on the question to the Commission on Human Rights;

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

51st meeting
6 March 1989
[Adopted without a vote. See chap. XIX.]