General Assembly

Distr. GENERAL  

7 December 1987

ORIGINAL:
ENGLISH

                                                     A/RES/42/123
                                                     93rd plenary meeting
                                                     7 December 1987
 
            Status of the Convention against Torture and Other Cruel,
               Inhuman or Degrading Treatment or Punishment
 
      The General Assembly,
 
      Recalling article 5 of the Universal Declaration of Human Rights, and
 article 7 of the International Covenant on Civil and Political Rights, both of
 which provide that no one shall be subjected to torture or to cruel, inhuman
 or degrading treatment or punishment,
 
      Recalling also the Declaration on the Protection of All Persons from
 Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or
 Punishment, adopted by the General Assembly in its resolution 3452 (XXX) of
 9 December 1975,
 
      Recalling further its resolution 39/46 of 10 December 1984, by which it
 adopted and opened for signature, ratification and accession the Convention
 against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
 and called upon all Governments to consider signing and ratifying the
 Convention as a matter of priority, as well as its resolutions 40/128 of
 13 December 1985 and 41/134 of 4 December 1986,
 
      Mindful of the relevance, for the eradication of torture and other cruel,
 inhuman or degrading treatment or punishment, of the Code of Conduct for Law
 Enforcement Officials and of the Principles of Medical Ethics relevant to the
 role of health personnel, particularly physicians, in the protection of
 prisoners and detainees against torture and other cruel, inhuman or degrading
 treatment or punishment,
 
      Convinced of the desirability of early finalization and subsequent
 adoption of the draft Body of Principles for the Protection of All Persons
 under Any Form of Detention or Imprisonment,
 
      Seriously concerned about the alarming number of reported cases of
 torture and other cruel, inhuman or degrading treatment or punishment taking
 place in various parts of the world,
 
      Determined to promote the full implementation of the prohibition, under
 international and national law, of the practice of torture and other cruel,
 inhuman or degrading treatment or punishment,
 
      Welcoming the decision of the Commission on Human Rights, in its
 resolution 1987/29 of 10 March 1987, to extend for one year the mandate of the
 Special Rapporteur to examine questions relevant to torture and taking note of
 other important provisions of the Commission in the same resolution, including
 those relating to practical measures to deal with this abhorrent phenomenon
 recommended by the Special Rapporteur,
 
      1.   Takes note with appreciation of the report of the Secretary-General
 on the status of the Convention against Torture and Other Cruel, Inhuman or
 Degrading Treatment or Punishment;
 
      2.   Welcomes with deep satisfaction the entry into force on 26 June 1987
 of the Convention as a major step in international efforts to promote
 universal respect for and observance of human rights and fundamental freedoms;
 
      3.   Recognizes the importance of the establishment by States parties to
 the Convention of appropriate administrative and financial arrangements to
 enable the Committee against Torture to carry out in an effective and
 efficient manner the functions entrusted to it under the Convention, and to
 ensure the long-term viability of the Committee as an essential mechanism for
 overseeing the effective implementation of the provisions of the Convention;
 
      4.   Also recognizes the need for the Committee against Torture to give
 early attention to the development of an effective reporting system on
 implementation by States parties to the Convention, taking due account of the
 draft guidelines of the Secretary-General on reporting and the activities of
 the Human Rights Committee, as well as of the other human rights treaty
 bodies, established under the relevant international instruments in the field
 of human rights;
 
      5.   Requests the Secretary-General to ensure the provision of
 appropriate staff and facilities for the effective performance of the
 functions of the Committee against Torture;
 
      6.   Again requests all States to become parties to the Convention as a
 matter of priority;
 
      7.   Once again invites all States, upon ratification of or accession to
 the Convention, or subsequently, to consider the possibility of making the
 declarations provided for in articles 21 and 22 of the Convention;
 
      8.   Requests the Secretary-General to submit to the Commission on Human
 Rights at its forty-fourth session and to the General Assembly at its
 forty-third session a report on the status of the Convention against Torture
 and Other Cruel, Inhuman or Degrading Treatment or Punishment;
 
      9.   Decides to consider the report of the Secretary-General at its
 forty-third session under the item entitled "Torture and other cruel, inhuman
 or degrading treatment or punishment".