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[ cerca in archivio ] ARCHIVIO STORICO RADICALE
Archivio ONU
Economic and Social Council - 27 maggio 1988
RESOLUTION 1988/38
Member Name E88r038

27 May 1988

16th plenary meeting

Summary or arbitrary executions

The Economic and Social Council,

Recalling the Universal Declaration of Human Rights, which proclaims the right to life, liberty and security of person,

Having regard to the provisions of the International Covenant on Civil and Political Rights, in which it is stated that every human being has the inherent right to life, that this right shall be protected by law, and that no one shall be arbitrarily deprived of his life,

Recalling General Assembly resolution 34/175 of 17 December 1979, in which the Assembly reaffirmed that mass and flagrant violations of human rights were of special concern to the United Nations and urged the Commission on Human Rights to take timely and effective action in existing and future cases of mass and flagrant violations of human rights,

Mindful of General Assembly resolutions 36/22 of 9 November 1981, 37/182 of 17 December 1982, 38/96 of 16 December 1983, 39/110 of 4 December 1984, 40/143 of 13 December 1985, 41/144 of 4 December 1986 and 42/141 of 7 December 1987,

Recalling resolution 1982/13 of 7 September 1982 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, in which the Sub-Commission recommended that effective measures should be adopted to prevent summary or arbitrary executions,

Reaffirming its resolution 1984/50 of 25 May 1984 and the safeguards guaranteeing protection of the rights of those facing the death penalty annexed thereto, which were endorsed by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders in its resolution 15, and welcoming the ongoing work on summary and arbitrary executions of the Committee on Crime Prevention and Control,

Welcoming the close co-operation established between the Centre for Human Rights, and the Crime Prevention and Criminal Justice Branch of the Centre for Social Development and Humanitarian Affairs of the United Nations Secretariat and the Committee on Crime Prevention and Control with regard to the elaboration of the principles on the effective prevention and investigation of arbitrary and summary executions, including extra-legal executions,

Deeply alarmed at the occurrence on a large scale of summary or arbitrary executions, including extra-legal executions,

Convinced of the need for appropriate action to combat and eventually eliminate the abhorrent practice of summary or arbitrary executions, which are a flagrant violation of the most fundamental right, the right to life,

1. Strongly condemns, once again, the large number of summary or arbitrary executions, including extra-legal executions, which continue to take place in various parts of the world;

2. Appeals urgently to Governments, United Nations bodies, the specialized agencies, regional intergovernmental organizations and non-governmental organizations to take effective action to combat and eliminate summary or arbitrary executions, including extra-legal executions;

3. Takes note with appreciation of the report of the Special Rapporteur, Mr. S. Amos Wako, and welcomes his recommendations for eliminating summary or arbitrary executions;

4. Decides to renew the mandate of the Special Rapporteur for two years and that he should continue to report annually and submit further conclusions and recommendations to the Commission at its forty-fifth and forty-sixth sessions;

5. Requests the Special Rapporteur in carrying out his mandate to continue to examine situations of summary or arbitrary executions;

6. Also requests the Special Rapporteur in carrying out his mandate to respond effectively to information that comes before him, in particular when a summary or arbitrary execution is imminent or threatenend or when such an execution has occurred;

7. Encourages Governments, international organizations and non-governmental organizations to organize training programmes and to support projects with a view to providing training or education for law enforcement officers on human rights issues connected with their work, and appeals to the international community to support endeavours to that end;

8. Invites Governments, international organizations and non-governmental organizations to support the efforts made in United Nations forums towards the adoption of an international instrument that would incorporate international standards for the proper investigation of all cases of death in suspicious circumstances, including provision for adequate autopsy;

9. Endorses the elements proposed by the Special Rapporteur for inclusion in such international standards;

10. Requests the Secretary-General to continue to provide all necessary assistance to the Special Rapporteur;

11. Requests the Secretary-General to consider ways of publicizing the work of the Special Rapporteur, as well as his recommendations, particularly within the framework of the information activities of the Centre for Human Rights;

12. Urges all Governments, in particular those that have consistently not responded to communications transmitted to them by the Special Rapporteur, and all others concerned, to co-operate with and assist the Special Rapporteur so that he may carry out his mandate effectively;

13. Again requests the Secretary-General to continue to make the utmost effort in cases where the minimum standard of legal safeguards provided for in articles 6, 14 and 15 of the International Covenant on Civil and Political Rights appears not to be respected;

14. Requests the Commission on Human Rights to consider the question of summary or arbitrary executions as a matter of high priority at its forty-fifth session under the agenda item entitled "Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories".

 
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