Torture and other cruel, inhuman or degrading treatment or punishment in relation to detention and imprisonment

XXIX. RESOLUTIONS ADOPTED ON THE REPORTS OF THE THIRD COMMITTEE
3218. Torture and other cruel, inhuman or degrading treatment or punishment in relation to detention and imprisonment

The General Assembly, Mindful of article 5 of the Universal Declaration of Human Rights and article 7 of the International Covenant on Civil and Political Rights,[1] Reaffirming the rejection, in its resolution 3059 (XXVIII) of 2 November 1973, of any form of torture and other cruel, inhuman or degrading treatment or punishment, Taking into account the report of the Secretary-General on the consideration given to this question by the Sub-Commission on Prevention of Discrimination and Protection of Minorities and by the Commission on Human Rights and other bodies concerned,[2] Noting with appreciation the decision of the Sub-Commission on Prevention of Discrimination and Protection of Minorities to review annually the developments in the field of human rights of persons subjected to any form of detention or imprisonment,[3] Noting also the draft principles on freedom from arbitrary arrest and detention contained in the relevant study on this matter,[4] Recalling Economic and Social Council resolution 663 C (XXIV) of 31 July 1957, in which, inter alia, the Council approved the Standard Minimum Rules for the Treatment of Prisoners,[5] and Council resolution 1794 (LIV) of 18 May 1973 concerning the preparation of an international code of police ethics, as well as General Assembly resolution 3144 (XXVIII) of 14 December 1973 on human rights in the administration of justice, Considering that the Fifth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, to be held in accordance with General Assembly resolution 415 (V) of 1 December 1950, will take place in September 1975 at Toronto, Canada, Convinced that, because of the increase in the number of alarming reports on torture, further and sustained efforts are necessary to protect under all circumstances the basic human right to be free from torture and other cruel, inhuman or degrading treatment or punishment,

1. Requests Member States to furnish the Secretary-General in time for submission to the Fifth United Nations Congress on the Prevention of Crime and the Treatment of Offenders and to the General Assembly at its thirtieth session:

(a) Information relating to the legislative, administrative and judicial measures, including remedies and sanctions, aimed at safeguarding persons within their jurisdiction from being subjected to torture and other cruel, inhuman or degrading treatment or punishment;

(b) Their observations and comments on articles 24 to 27 of the draft principles on freedom from arbitrary arrest and detention prepared for the Commission on Human Rights;

2. Requests the Secretary-General to prepare an analytical summary of the information received under paragraph 1 above for submission to the Fifth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, to the General Assembly at its thirtieth session, to the Commission on Human Rights and to the Sub-Commission on Prevention of Discrimination and Protection of Minorities;

3. Requests the Fifth United Nations Congress on the Prevention of Crime and the Treatment Offenders, under item 3 of its agenda,[6] taking into account the consideration given to the question by the Committee on Crime Prevention and Control in pursuance of Economic and Social Council resolution 1794 (LIV), to give urgent attention to the question of the development of an international code of ethics for police and related law enforcement agencies;

4. Further requests the Fifth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, under item 4 of its agenda, to include, in the elaboration of the Standard Minimum Rules for the Treatment of Prisoners, rules for the protection of all persons subjected to any form of detention or imprisonment against torture and other cruel, inhuman or degrading treatment or punishment, and to report thereon to the General Assembly at its thirtieth session;

5. Invites the World Health Organization, taking into account the various declarations on medical ethics adopted by the World Medical Association, to draft, in close co-operation with such other competent organizations, including the United Nations Educational, Scientific and Cultural Organization, as may be appropriate, an outline of the principles of medical ethics which may be relevant to the protection of persons subjected to any form of detention or imprisonment against torture and other cruel, inhuman or degrading treatment or punishment, and to bring the draft to the attention of the Fifth United Nations Congress on the Prevention of Crime and the Treatment of Offenders with a view to assisting the Congress in the implementation of the task set out in paragraph 4 above;

6. Decides to consider at its thirtieth session the question of torture and other cruel, inhuman or degrading treatment or punishment in relation to detention and imprisonment.

2278th plenary meeting
6 November 1974

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[1] Resolution 2200 A (XXI), annex. [2] A/9767. [3] Ibid., annex I. [4] United Nations publication, Sales No.: E.65.XIV.2, para. 823. [5] First United Nations Congress on the Prevention of Crime and the Treatment of Offenders: report by the Secretariat (United Nations publication, Sales No.: 1956.1V.4), annex I.A. [6] A/CONF.56/INF.3, para. 15.