21 May 1986

16th plenary meeting

Implementation of the conclusions and recommendations of the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders

The Economic and Social Council,

Recalling General Assembly resolution 40/32 of 29 November 1985, in which the Assembly, inter alia, endorsed the resolutions unanimously adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders and invited the Committee on Crime Prevention and Control to make specific recommendations on the implementation thereof in its report to the Economic and Social Council at its first regular session of 1986,

Recalling the Milan Plan of Action, in which the Seventh Congress emphasized its conclusion that, of all the actions proposed by the Congress, it was imperative that priority be given to combating the most serious forms of crime of international dimensions,

Recalling also General Assembly resolution 40/146 of 13 December 1985 on human rights in the administration of justice, in which the Assembly, inter alia, acknowledged the important work accomplished by the Seventh Congress, in particular in relation to the formulation and application of United Nations standards and norms in the administration of justice,

Recalling further General Assembly resolutions 40/33 of 29 November 1985, containing the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), 40/35 of 29 December 1985 on the development of standards for the prevention of juvenile delinquency and 40/36 of 29 November 1985 on domestic violence,

Bearing in mind General Assembly resolution 40/34 of 29 November 1985, containing the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power,

Also bearing in mind General Assembly resolution 40/143 of 13 December 1985 on summary or arbitrary executions,

Recognizing the need, in making specific recommendations on the implementation of the conclusions of the Seventh Congress, to take into account the financial implications and the possibilities of the United Nations,

I SERIOUS FORMS OF CRIME

Urges the Secretary-General to accord priority to the development of specific proposals to co-ordinate concerted international action against the forms of crime identified in the Milan Plan of Action, and to submit such proposals to the Committee on Crime Prevention and Control at its tenth session;

II JUVENILE JUSTICE AND THE PREVENTION OF JUVENILE DELINQUENCY

1. Invites Member States to inform the Secretary-General every five years, beginning in 1987, of the progress achieved in the application of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) and requests the Secretary-General to report regularly thereon to the Committee on Crime Prevention and Control, beginning at the tenth session;

2. Invites also the United Nations regional and interregional institutes for the prevention of crime and the treatment of offenders to become actively involved in the application of the Beijing Rules and in the reporting process;

3. Requests the Secretary-General:

(a) To assist Governments, at their request, in adapting legislation, policies and practices to the Beijing Rules and in developing alternatives to institutionalization;

(b) With the assistance of the United Nations institutes for the prevention of crime and the treatment of offenders, regional commissions and specialized agencies, to develop standards for the prevention of juvenile delinquency; to formulate measures for the effective implementation of the Beijing Rules; and to formulate standard minimum rules for the treatment of juveniles deprived of their liberty;

(c) To submit to the Committee on Crime Prevention and Control at its tenth session a progress report on the implementation of General Assembly resolutions 40/33 and 40/35 and resolutions 19, 20 and 21 of the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, including draft standards for the prevention of juvenile delinquency;

4. Urges intergovernmental and non-governmental organizations and other entities concerned to become actively involved in this work and to report to the Secretary-General on steps taken in this regard;

5. Decides to include an item entitled "Juvenile justice and the prevention of juvenile delinquency, including the principles, guidelines and priorities with respect to research on youth crime" in the provisional agenda for the tenth session of the Committee;

6. Requests the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders and the preparatory meetings for the Congress to consider these questions, in particular the draft standards for the prevention of juvenile delinquency and the draft standard minimum rules for the treatment of juveniles deprived of their liberty, with a view to their adoption;

III BASIC PRINCIPLES OF JUSTICE FOR VICTIMS OF CRIME AND ABUSE OF POWER

1. Recommends that continued attention should be given to implementation of the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power with a view to developing the co-operation of Governments, intergovernmental and non-governmental organizations and the public in securing justice for victims and in promoting integrated action on behalf of victims at the national, regional and international levels;

2. Recommends that the Secretary-General should seek the active involvement of United Nations regional and interregional institutes for the prevention of crime and the treatment of offenders and competent intergovernmental and non-governmental organizations, in consultation with interested Member States, in promoting the implementation of the Declaration;

3. Requests the Secretary-General to submit a report that includes a synthesis of reports received from Member States to the Committee on Crime Prevention and Control at its tenth session, and at its eleventh session if it occurs before the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders on measures taken to implement the Declaration, including progress achieved since the Seventh Congress;

IV DOMESTIC VIOLENCE

1. Urges the Secretary-General:

(a) To convene, subject to the availability of extrabudgetary funds, a round-table meeting on domestic violence, with a view to the intensification of research and the formulation of action-oriented strategies, inviting the co-operation of the United Nations institutes for the prevention of crime and the treatment of offenders, specialized agencies and intergovernmental and non-governmental organizations, and to report the results to the Committee on Crime Prevention and Control at its tenth session;

(b) To submit to the Committee at its tenth session a note on progress with respect to General Assembly resolution 40/36;

2. Decides to include an item entitled "Domestic violence" in the provisional agenda for the tenth session of the Committee;

3. Invites the preparatory meetings for the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders to consider the question, with a view to consideration and action by the Eighth Congress;

V BASIC PRINCIPLES ON THE INDEPENDENCE OF THE JUDICIARY

1. Invites Member States to inform the Secretary-General every five years, beginning in 1988, of the progress achieved in the implementation of the Basic Principles on the Independence of the Judiciary, including their dissemination, their incorporation into national legislation, the problems faced in their implementation at the national level and assistance that might be needed from the international community, and requests the Secretary-General to report thereon to the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders;

2. Appeals to all Governments to promote seminars and training courses at the national and regional levels on the role of the judiciary in society and the necessity for its independence;

3. Requests the Secretary-General:

(a) To provide Governments, at their request, with the services of experts and regional and interregional advisers to assist in implementing the Basic Principles and to report to the Eighth Congress on the technical assistance and training actually provided;

(b) To report to the Committee on Crime Prevention and Control at its tenth session on the steps taken to disseminate the Basic Principles;

(c) To include the Basic Principles in the United Nations publication entitled Human Rights: A Compilation of International Instruments;

4. Encourages the United Nations regional and interregional institutes for the prevention of crime and the treatment of offenders to assist in the implementation of the Basic Principles and to pay special attention to this question in their research and training programmes;

5. Urges intergovernmental and non-governmental organizations and other entities concerned to become actively involved in this process and to inform the Secretary-General of the efforts made to disseminate and implement the Basic Principles and the extent of their implementation, and requests the Secretary-General to include this information in his report to the Eighth Congress;

6. Requests the Committee to consider this question at its tenth session;

7. Requests the Eighth Congress and the preparatory meetings for the Congress to consider this question;

VI EXTRA-LEGAL, ARBITRARY AND SUMMARY EXECUTIONS AND MEASURES FOR THEIR PREVENTION AND INVESTIGATION

1. Requests the Secretary-General to submit to the Committee on Crime Prevention and Control at its tenth session a report on extra-legal, arbitrary and summary executions, wherever and under whatever circumstances they may occur, prepared on the basis of information provided by Member States, competent United Nations offices and intergovernmental and non-governmental organizations and other sources, in the light of the guidance on the matter provided by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders and taking into account work previously done;

2. Requests the Committee at its tenth session to consider the question of extra-legal, arbitrary and summary executions with a view to elaborating principles on the effective prevention and investigation of such practices;

3. Requests the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders and the preparatory meetings for the Congress to consider this question;

VII TRANSFER OF CRIMINAL PROCEEDINGS

1. Requests the Committee on Crime Prevention and Control to formulate a model agreement on the transfer of criminal proceedings for possible consideration by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, taking into account previous work done in this area;

2. Requests the Secretary-General, in co-operation with the United Nations regional and interregional institutes for the prevention of crime and the treatment of offenders, as well as intergovernmental and non-governmental organizations, to assist the Committee in its task by, inter alia, further studying the principles on which such a model agreement could be based and by preparing a preliminary report for consideration by the Committee at its tenth session;

VIII TRANSFER OF SUPERVISION OF FOREIGN OFFENDERS WHO HAVE BEEN CONDITIONALLY SENTENCED OR CONDITIONALLY RELEASED

1. Requests the Committee on Crime Prevention and Control to formulate a model agreement on the transfer of supervision of foreign offenders who have been conditionally sentenced or conditionally released for possible consideration by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, taking into account work previously accomplished in this area;

2. Requests the Secretary-General, in co-operation with the United Nations regional and interregional institutes for the prevention of crime and the treatment of offenders, as well as intergovernmental and non-governmental organizations concerned, to assist the Committee in its task, inter alia, by studying the principles on which such a model agreement could be based and by preparing a preliminary report for consideration by the Committee at its tenth session;

IX CODE OF CONDUCT FOR LAW ENFORCEMENT OFFICIALS

1. Invites Member States:

(a) To take into account and respect the Code of Conduct for Law Enforcement Officials within the framework of their national legislation and practice and to bring it to the attention of all persons concerned, particularly law enforcement officials and correctional personnel;

(b) To pay particular attention, in informing the Secretary-General of the extent of the implementation and the progress made with regard to the application of the Code, to the use of force and firearms by law enforcement officials, and to provide the Secretary-General with copies of abstracts of laws, regulations and administrative measures concerning the application of the Code, as well as information on possible difficulties in its application;

2. Requests the Secretary-General:

(a) To prepare every five years, beginning in 1987, an independent report on progress made with respect to the implementation of the Code, on the basis of information received from Member States, and to submit the report to the Committee on Crime Prevention and Control at its tenth and subsequent sessions for consideration and further action, as required;

(b) To take into account, in preparing the above-mentioned report, information received from specialized agencies and competent intergovernmental and non-governmental organizations in consultative status with the Economic and Social Council;

(c) To disseminate the Code and to ensure the widest possible reference to the use of the text of the Code by the United Nations in all its relevant programmes, including technical co-operation activities;

3. Requests the Committee at its tenth session to consider measures for the more effective implementation of the Code, in the light of the guidance on the matter provided by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders;

4. Urges the United Nations regional and interregional institutes for the prevention of crime and the treatment of offenders to organize seminars and training courses on the Code to conduct research on the extent to which the Code is implemented and the difficulties encountered;

5. Requests the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders and the preparatory meetings for the Congress to consider these questions;

X SAFEGUARDS GUARANTEEING PROTECTION OF THE RIGHTS OF THOSE FACING THE DEATH PENALTY

1. Urges Member States that have not abolished the death penalty to adopt the safeguards guaranteeing protection of the rights of those facing the death penalty approved by the Economic and Social Council in its resolution 1984/50 of 25 May 1984 and the measures for the implementation of the safeguards approved by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders;

2. Requests the Secretary-General to submit to the Committee on Crime Prevention and Control at its tenth session:

(a) A report on the implementation of the safeguards, drawing on information provided by Member States and competent United Nations offices and intergovernmental and non-governmental organizations;

(b) A study on the question of the death penalty and new contributions of the criminal sciences in the matter, subject to the availability of extrabudgetary funds;

XI ALTERNATIVES TO IMPRISONMENT

1. Requests the Secretary-General:

(a) To prepare a report on alternatives to imprisonment and on the reduction of the prison population for the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders and to report to the Committee on Crime Prevention and Control at its tenth session on progress in this matter, including preparations for a global survey to be initiated in 1988;

(b) To study this question with a view to the formulation of basic principles in this area, as well as minimum safeguards for persons subject to alternatives to imprisonment, and to report thereon to the Committee at its tenth session;

2. Invites the United Nations regional and interregional institutes for the prevention of crime and the treatment of offenders to assist the Secretary-General in this task and to pay special attention to this question in their research and training programmes;

3. Urges intergovernmental and non-governmental organizations and other entities concerned to become actively involved in this process;

4. Requests the Committee to consider this question at its tenth session;

5. Requests the Eighth Congress and the preparatory meetings for the Congress to consider this question;

XII ROLE OF LAWYERS

1. Requests the Committee on Crime Prevention and Control, in carrying out its mandate under resolution 18 of the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, to pay particular attention to the following:

(a) The need to provide for effective access to legal assistance for all groups within society;

(b) The need to ensure that all those charged with criminal offences have the right to communicate freely and confidentially with counsel of their own choosing; to defend themselves in person or through legal assistance of their own choosing; to be informed, if they do not have legal assistance, of these rights; and to have legal assistance assigned to them, in any case where the interest of justice so requires, and without payment by them in any such case if they do not have sufficient means to pay for it;

(c) The need to educate the public on the important role lawyers play in protecting fundamental rights and liberties;

(d) The need to ensure that lawyers have appropriate training and qualifications; that they are individuals of integrity and ability; and that there is no discrimination with respect to entry into the legal profession against a person on the grounds of race, colour, sex, religion, political or other opinion, national or social origin, property, birth or status;

(e) The role of Governments, bar associations and other professional associations of lawyers in ensuring that lawyers are entitled to give legal assistance and are able to perform effectively their proper role, in particular to counsel and represent their clients in accordance with the law and their established professional standards and judgement without any undue interference from any quarter;

(f) The right of lawyers to undertake the representation of clients or causes without fear of repression or persecution and to carry out their functions to the best of their ability;

(g) The obligation of lawyers to keep communications with their clients confidential, including the right to refuse to give testimony on such matters;

2. Requests the Secretary-General to study these questions with a view to assisting the Committee in its task and to prepare a preliminary report for consideration and further action by the Committee at its tenth session;

3. Invites the United Nations regional and interregional institutes for the prevention of crime and the treatment of offenders to pay special attention to these questions in their research and training programmes;

4. Urges intergovernmental and non-governmental organizations and other entities concerned to become actively involved in this process;

5. Requests the Committee to consider these questions at its tenth session;

6. Requests the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders and the preparatory meetings for the Congress to consider these questions.