Summary or arbitrary executions.
- Author: UN Commission on Human Rights (47th sess. : 1991 : Geneva)
- Document source:
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Date:
6 March 1991
1991/71. Summary of arbitrary executions
The Commission on Human Rights, Recalling the Universal Declaration of Human Rights, which guarantees the right to life, liberty and security of person, Having regard to the provisions of the International Covenant on Civil and Political Rights, in which it is stated that every human being has the inherent right to life, that this right shall be protected by law, and that no one shall be arbitrarily deprived of his life, Recalling General Assembly resolution 34/175 of 17 December 1979, in which the Assembly reaffirmed that mass and flagrant violations of human rights were of special concern to the United Nations and urged the Commission on Human Rights to take timely and effective action in existing and future cases of mass and flagrant violations of human rights, Mindful of General Assembly resolutions 36/22 of 9 November 1981, 37/182 of 17 December 1982, 38/96 of 16 December 1983, 39/110 of 4 December 1984, 40/143 of 13 December 1985, 41/144 of 4 December 1986, 42/141 of 7 December 1987, 43/151 of 8 December 1988, 44/159 of 15 December 1989 and 45/162 of 18 December 1990, Taking note of Sub-Commission on Prevention of Discrimination and Protection of Minorities resolution 1982/13 of 7 September 1982, in which the Sub-Commission recommended that effective measures should be adopted to prevent the occurrence of summary or arbitrary executions, Welcoming Economic and Social Council resolution 1984/50 of 25 May 1984 and the safeguards guaranteeing protection of the rights of those facing the death penalty annexed thereto, which were endorsed by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders in its resolution 15 (A/CONF.121/22/Rev.1, chap. 1, sect. E), Welcoming also the close cooperation established between the Centre for Human Rights, the Crime Prevention and Criminal Justice Branch of the Centre for Social Development and Humanitarian Affairs of the Secretariat and the Committee on Crime Prevention and Control with regard to the elaboration of the principles on the effective prevention and investigation of arbitrary and summary executions, including extralegal executions, Recalling Economic and Social Council resolution 1989/65 of 24 May 1989 containing the Principles on the Effective Prevention and Investigation of Extralegal, Arbitrary and Summary Executions, Recalling also Economic and Social Council resolution 1989/64 of 24 May 1989, on the implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty, and the recommendations contained therein, Deeply alarmed at the occurrence, on a large scale, of summary or arbitrary executions, including extralegal executions, Welcoming the attention given by the Special Rapporteur in his report (E/CN.4/1991/36) to the problem of situations of internal violence, disturbances, tensions and public emergency, in view of the needless loss of life consequent upon the level of violence in such situations, Convinced of the need for appropriate action to combat and eventually eliminate the abhorrent practice of summary or arbitrary executions, which represents a flagrant violation of the most fundamental right, the right to life,1. Strongly condemns once again the large number of summary or arbitrary executions, including extralegal executions, which continue to take place in various parts of the world;
2. Appeals urgently to Governments, United Nations bodies, the specialized agencies, regional intergovernmental organizations and non-governmental organizations to take effective action to combat and eliminate summary or arbitrary executions, including extralegal executions;
3. Takes note with appreciation of the report of the Special Rapporteur and welcomes his recommendations with a view to eliminating summary or arbitrary executions;
4. Welcomes Economic and Social Council decision 1990/233 of 25 May 1990 in which the Council approved the Commission's decision to extend the mandate of the Special Rapporteur for two years, while keeping the annual reporting cycle;
5. Requests the Special Rapporteur, in carrying out his mandate, to continue to examine situations of summary or arbitrary executions;
6. Also requests the Special Rapporteur, in carrying out his mandate, to respond effectively to information that comes before him, in particular when a summary or arbitrary execution is imminent or threatened or when such an execution has occurred;
7. Encourages Governments, international organizations and non-governmental organizations to set up training programmes and to support projects with a view to training or educating law enforcement officers in human rights issues connected with their work, and appeals to the international community to support endeavours to that end;
8. Requests the Secretary-General to continue to provide all necessary assistance to the Special Rapporteur;
9. Also requests the Secretary-General to consider ways of publicizing, particularly within the framework of the information activities of the Centre for Human Rights, the work of the Special Rapporteur as well as his recommendations;
10. Urges all Governments, in particular those which have consistently not responded to communications transmitted to them by the Special Rapporteur, and all others concerned to cooperate with and assist the Special Rapporteur so that he may carry out his mandate effectively;
11. Also urges Governments to undertake all necessary and possible measures to lower the level of violence and the needless loss of life consequent thereupon during situations of internal violence, disturbances, tensions and public emergency;
12. Expresses its profound thank to the Governments which have invited the Special Rapporteur to visit their countries, asks them to examine carefully his recommendations and invites them to report to the Special Rapporteur on action taken on these recommendations;
13. Again requests the Secretary-General to continue to use his best endeavours in cases where the minimum standard of legal safeguards provided for in articles 6, 14 and 15 of the International Covenant on Civil and Political Rights appears not to be respected;
14. Decides to consider the question of summary or arbitrary executions as a matter of high priority at its forty-eighth session under the agenda item "Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories".
54th meeting6 March 1991
[Adopted without a vote. See chap. XII.]
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