Right to a fair trial.

1992/34.
Right to a fair trial

The Commission on Human Rights, Recalling its decision 1990/108 of 7 March 1990 and its resolution 1991/43 of 5 March 1991, in which it endorsed the decision of the Sub-Commission on Prevention of Discrimination and Protection of Minorities to entrust Mr. Stanislav Chernichenko and Mr. William Treat with the preparation of a study on the right to a fair trial: current recognition and measures necessary for its strengthening, Having examined the brief report on the right to a fair trial prepared by Mr. Chernichenko and Mr. Treat (E/CN.4/Sub.2/1990/34) and their second report (E/CN.4/Sub.2/1991/29), Noting Sub-Commission resolution 1991/14 of 28 August 1991, Welcoming the recommendations made by Mr. Chernichenko and Mr. Treat in section V of their second report,

1. Expresses its appreciation to the Special Rapporteurs, Mr. Stanislav Chernichenko and Mr. William Treat, for their continued work in preparing the study on the right to a fair trial: current recognition and measures necessary for its strengthening;

2. Endorses the request of the Sub-Commission on Prevention of Discrimination and Protection of Minorities in its resolution 1991/14 to the Special Rapporteurs to continue the preparation of their study;

3. Requests the Secretary-General to provide the Special Rapporteurs with all the assistance they may require in this task;

4. Also requests the Secretary-General to transmit the revised questionnaire contained in the second report (E/CN.4/Sub.2/1991/29, annex II) to those Governments, specialized agencies and non-governmental organizations that have not yet responded to the previous questionnaire, as well as to associations of lawyers, for their response and comments, and to transmit the replies to the Special Rapporteurs;

5. Requests the Special Rapporteurs to take into account, in preparing their study, the reports of States parties to treaty-monitoring bodies, the consideration of those reports by the bodies concerned and other experiences of those bodies relevant to the right to a fair trial;

6. Recommends that the Special Rapporteurs exchange views in regard to study with officials of the Centre for Social Development and Humanitarian Affairs of the Secretariat and the Commission on Crime Prevention and Criminal Justice;

7. Requests the Special Rapporteurs to submit a third report, based on their study of the interpretations of international organizations with regard to the right to a fair trial and on a preliminary analysis of the responses to the revised questionnaire and other relevant information, to the Sub-Commission at its forty-fourth session for consideration and to the Commission on Human Rights at its forty-ninth session;

8. Looks forward to the preparation by the Special Rapporteurs in the future of a fourth report containing a more complete analysis of the responses to the questionnaires and other relevant information, as well as of a fifth report containing recommendations for strengthening the right to a fair trial;

9. Urges the Special Rapporteurs to continue their study with a view to strengthening the implementation of present fair trial standards and to improving the protection of the right to a fair trial by, for example, making the right to a fair trial or certain aspects of that right non-derogable;

10. Also urges the Special Rapporteurs to consider the desirability of incorporating the basic fair trial guarantees into an international standard, such as a model code, for consideration by the Sub-Commission and the Commission at future sessions;

11. Recommends the following draft decision to the Economic and Social Council for adoption:

[For the text see chap. I, sect. B, draft decision 6.]

48th meeting
28 February 1992
[Adopted without a vote. See chap. X.]