Right to a fair trial.

1991/43. Right to a fair trial

The Commission on Human Rights, Guided by the Universal Declaration of Human Rights, which affirms the right of every individual to a fair and public hearing by an independent and impartial tribunal, Bearing in mind the International Covenant on Civil and Political Rights which reaffirms the equality of all persons before courts and tribunals and the right of everyone to a fair and public hearing, Noting the fair trial provisions in the African Charter on Human and Peoples' Rights, the American Convention on Human Rights, the European Convention on Human Rights, the Geneva Conventions of 12 August 1949, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Recalling its decision 1990/108 of 7 March 1990, in which it welcomed the decision of the Sub-Commission on Prevention of Discrimination and Protection of Minorities to appoint Mr. Stanislav Chernichenko and Mr. William Treat as rapporteurs to prepare a report on existing international norms and standards pertaining to the right to a fair trial, Aware of General Assembly resolution 41/120 of 4 December 1986 regarding the setting of international standards in the field of human rights, Considering that the availability of a fair trial is essential for the protection of human rights and fundamental freedoms as well as maintaining respect for the inherent dignity of the human person, Having examined the work done by the Sub-Commission relating to the right to a fair trial, Having examined also the brief report on the right to a fair trial prepared by Mr. Chernichenko and Mr. Treat (E/CN.4/Sub.2/1990/34), in accordance with Sub-Commission resolution 1989/27 of 1 September 1989, Welcoming the recommendations made by Mr. Chernichenko and Mr. Treat E/CN.4/Sub.2/1990/34, sect. VI) and endorsed by the Sub-Commission in its resolution 1990/18 of 30 August 1990,

1. Endorses the decision of the Sub-Commission on Prevention of Discrimination and Protection of Minorities in its resolution 1990/18 to entrust Mr. Stanislav Chernichenko and Mr. William Treat with the preparation of a study entitled "The right to a fair trial: current recognition and measures necessary for its strengthening";

2. Requests the Secretary-General to provide the two Special Rapporteurs with all the assistance they may require;

3. Requests the two Special Rapporteurs to draft a questionnaire on the right to a fair trial;

4. Requests the Secretary-General to transmit the questionnaire with the brief report to Governments, the specialized agencies and non-governmental organizations in consultative status with the Economic and Social Council for their response and comments, and to transmit the responses to the Special Rapporteurs for consideration in connection with their study;

5. Recommends the following draft resolution to the Economic and Social Council for adoption:

[For the text, see chap. I, sect. A, draft resolution III.]

52nd meeting
5 March 1991
[Adopted without a vote. See chap. X.]