Status of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
- Author: UN Commission on Human Rights (47th sess. : 1991 : Geneva)
- Document source:
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Date:
5 March 1991
1991/35. Status of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
The Commission on Human Rights, Recalling article 5 of the Universal Declaration of Human Rights and article 7 of the International Covenant on Civil and Political Rights, both of which provide that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment, Recalling also 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 in its resolution 3452 (XXX) of 9 December 1975, Recalling further General Assembly resolution 39/46 of 10 December 1984, by which the Assembly adopted and opened for signature, ratification and accession the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and called upon all Governments to consider signing and ratifying the Convention as a matter of priority, Bearing in mind its resolution 1990/28 of 2 March 1990 and General Assembly resolution 45/142 of 14 December 1990, Mindful of the relevance, for the eradication of torture and other cruel, inhuman or degrading treatment or punishment, of the Code of Conduct for Law Enforcement Officials (General Assembly resolution 34/169 , annex) and of the Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (General Assembly resolution 37/194 , annex), as well as of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (General Assembly resolution 43/173 , annex), Seriously concerned about the alarming number of reported cases of torture and other cruel, inhuman or degrading treatment or punishment taking place in various parts of the world, Determined to promote full implementation of the prohibition, under international and national law, of the practice of torture and other cruel, inhuman or degrading treatment or punishment, Considering the important functions of the Committee against Torture under the Convention, Recalling its decision, in resolution 1985/33 of 13 March 1985, to appoint a special rapporteur to examine questions relevant to torture, and its subsequent decisions to continue his mandate,1. Welcomes the report of the Committee against Torture on its third and fourth sessions (A/45/44);
2. Takes note of the report of the Secretary-General (E/CN.4/1991/15) on the status of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
3. Stresses the importance of strict adherence by States parties to the obligations under the Convention regarding the financing of the Committee against Torture, thus enabling it to carry out in an effective and efficient manner all the functions entrusted to it under the Convention so as to ensure the long-term viability of the Committee as an essential mechanism for overseeing the effective implementation of the provisions of the Convention;
4. Requests the Secretary-General to ensure the provision of appropriate staff and facilities for the effective performance of the functions of the Committee against Torture;
5. Urges all States to become parties to the Convention as a matter of priority;
6. Invites all States ratifying or acceding to the Convention and those States parties that have not yet done so to consider the possibility of making the declaration provided for in articles 21 and 22 of the Convention;
7. Requests the Secretary-General to continue submitting to the General Assembly and to the Commission on Human Rights annual reports on the status of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
8. Decides to consider the report of the Secretary-General at its forty-eighth session under the agenda sub-item "Status of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment"
52nd meeting5 March 1991
[Adopted without a vote. See chap. X.]
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