Human rights in the administration of justice

XXVI. RESOLUTIONS ADOPTED ON THE REPORTS OF THE THIRD COMMITTEE
2858. Human rights in the administration of justice

The General Assembly, Recalling articles 5, 10 and 11 of the Universal Declaration of Human Rights, Recalling Economic and Social Council resolution 663 C (XXIV), section 1, of 31 July 1957, by which the Council approved the Standard Minimum Rules for the Treatment of Prisoners,[1] Convinced of the need for further concerted action in promoting respect for and implementation of the principles embodied in the aforementioned articles of the Universal Declaration of Human Rights,

1. Solemnly reaffirms the principles concerning human rights in the administration of justice as embodied in articles 5, 10 and 11 of the Universal Declaration of Human Rights, namely, those referring to the right not to be subjected to inhuman treatment or punishment, the right to a fair and public hearing by an independent and impartial tribunal in any civil or criminal proceedings, the right, if charged with a penal offence, to be presumed innocent until proved guilty and the right not to be subjected to retrospective criminal sanctions;

2. Invites the attention of Member States to the Standard Minimum Rules for the Treatment of Prisoners and recommends that they shall be effectively implemented in the administration of penal and correctional institutions and that favourable consideration shall be given to their incorporation in national legislation;

3. Takes note with satisfaction of the establishment within the work programme of the Commission for Social Development of the Working Group on Standard Minimum Rules for the Treatment of Prisoners to advise on methods of strengthening the implementation of the Rules and of improving the reporting procedures thereon;

4. Endorses the recommendation contained in Economic and Social Council resolution 1594 (L) of 21 May 1971 that the Commission on Human Rights should, at its twenty-eighth session, examine the draft principles relating to equality in the administration of justice adopted by the Sub-Commission on Prevention of Discrimination and Protection of Minorities and take a decision on further action;

5. Expresses the hope that the Economic and Social Council at its fifty-second session will be able to consider final proposals of the Commission on Human Rights on these principles.

2027th plenary meeting,
20 December 1971.

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[1] See First United Nations Congress on the Prevention of Crime and the Treatment of Offenders: report prepared by the Secretariat (United Nations publication, Sales No.: 1956.IV.4), annex I, A.