31 May 1991

13th plenary meeting

Right to a fair trial

The Economic and Social Council,

Recalling Commission on Human Rights decision 1990/108 of 7 March 1990, in which the Commission welcomed the decision of the Subcommission on Prevention of Discrimination and Protection of Minorities to appoint Mr. Stanislav Chernichenko and Mr. William Treat as rapporteurs to prepare a report on existing international norms and standards pertaining to the right to a fair trial, and Commission resolution 1991/43 of 5 March 1991,

Recalling also General Assembly resolution 41/120 of 4 December 1986 on setting international standards in the field of human rights,

Taking into account the brief report on the right to a fair trial prepared by Mr. Chernichenko and Mr. Treat,

1. Endorses resolution 1990/18 of 30 August 1990, adopted by the Subcommission on Prevention of Discrimination and Protection of Minorities, by which the Subcommission decided to entrust Mr. Stanislav Chernichenko and Mr. William Treat with the preparation of a study entitled "The right to a fair trial: current recognition and measures necessary for its strengthening", and Commission on Human Rights resolution 1991/43;

2. Requests the Secretary-General to provide the two Special Rapporteurs with all the assistance necessary to carry out the above-mentioned study;

3. Requests the two Special Rapporteurs to draft a questionnaire on the right to a fair trial;

4. Requests the Secretary-General to transmit the questionnaire, together with the brief report on the right to a fair trial, prepared by Mr. Chernichenko and Mr. Treat, to Governments, the specialized agencies and non-governmental organizations in consultative status with the Economic and Social Council for their response and comments, and to transmit the responses to the Special Rapporteurs for consideration in connection with the study referred to in paragraph 1 above;

5. Requests the Special Rapporteurs to produce a preliminary report based upon their study, the responses to the questionnaire and ways to formulate the basic guarantees necessary for a fair trial into an international standard such as a model code, and to submit it to the Subcommission for consideration at its forty-third session and to the Commission on Human Rights at its forty-eighth session for comment.