United Nations

A/RES/44/162


General Assembly

Distr. GENERAL  

15 December 1989

ORIGINAL:
ENGLISH



                                                        A/RES/44/162
                                                        82nd plenary meeting
                                                        15 December 1989
 
            Human rights in the administration of justice
 
      The General Assembly,
 
      Bearing in mind the principles embodied in articles 3, 5, 9, 10 and 11 of
 the Universal Declaration of Human Rightsand the relevant provisions of
 the International Covenant on Civil and Political Rights, in particular
 article 6, which explicitly states that no one shall be arbitrarily deprived
 of his life and prohibits the imposition of the death penalty for crimes
 committed by persons below eighteen years of age,
 
      Bearing in mind also the relevant principles embodied in the Convention
 against Torture and Other Cruel, Inhuman or Degrading Treatment or
 Punishment and in the International Convention on the Elimination of All
 Forms of Racial Discrimination,
 
      Calling attention to the Body of Principles for the Protection of All
 Persons under Any Form of Detention or Imprisonment, set forth in the annex to
 its resolution 43/173 of 9 December 1988,
 
      Calling attention also to the Declaration of Basic Principles of Justice
 for Victims of Crime and Abuse of Power and the safeguards guaranteeing
 protection of the rights of those facing the death penalty, as well as to
 the Basic Principles on the Independence of the Judiciary, the Model
 Agreement on the Transfer of Foreign Prisoners and recommendations on the
 treatment of foreign prisoners, the Code of Conduct for Law Enforcement
 Officials and the Standard Minimum Rules for the Treatment of Prisoners,
 
      Reaffirming in this context the importance of the principles contained in
 its resolution 41/120 of 4 December 1986 on standard-setting in the field of
 human rights,
 
      Recognizing the important contribution of the Commission on Human Rights
 in the field of human rights in the administration of justice, as reflected in
 its resolutions 1989/24 of 6 March 1989 on human rights in the administration
 of justice, 1989/32 of 6 March 1989 on the independence and impartiality of
 the judiciary, jurors and assessors and the independence of lawyers, 1989/38
 of 6 March 1989 on administrative detention without charge or trial and
 1989/64 of 8 March 1989 on summary or arbitrary executions,
 
      Recognizing also the significant work accomplished in this area under the
 United Nations crime prevention and criminal justice programme, including the
 results of the interregional and regional preparatory meetings for the Eighth
 United Nations Congress on the Prevention of Crime and the Treatment of
 Offenders,
 
      Convinced of the need for further co-ordinated and concerted action in
 promoting respect for human rights in the administration of justice,
 
      Noting with satisfaction that the Commission on Human Rights, in its
 resolution 1989/24, inter alia, stressed the desirability of providing States,
 at their request, with continued assistance in the field of the administration
 of justice and of including in such assistance the provision of model texts
 for national legislative or other measures for the effective implementation of
 standards in this field,
 
      1.   Reaffirms the importance of the full implementation of United
 Nations norms and standards on human rights in the administration of justice;
 
      2.   Endorses Economic and Social Council resolution 1989/63 of
 24 May 1989 on the implementation of United Nations standards and norms in
 crime prevention and criminal justice;
 
      3.   Also endorses the Principles on the Effective Prevention and
 Investigation of Extra-legal, Arbitrary and Summary Executions set forth in
 the annex to Economic and Social Council resolution 1989/65 of 24 May 1989;
 
      4.   Further endorses Economic and Social Council resolutions 1989/57 of
 24 May 1989 on the implementation of the Declaration of Basic Principles of
 Justice for Victims of Crime and Abuse of Power, 1989/60 of 24 May 1989 on the
 Procedures for the Effective Implementation of the Basic Principles on the
 Independence of the Judiciary, 1989/61 of 24 May 1989 on Guidelines for the
 Effective Implementation of the Code of Conduct for Law Enforcement Officials
 and 1989/64 of 24 May 1989 on the implementation of the safeguards
 guaranteeing protection of the rights of those facing the death penalty;
 
      5.   Invites Member States to pay attention to these resolutions in
 developing strategies for the practical implementation of United Nations norms
 and standards on human rights in the administration of justice, as it
 requested in its resolution 43/153 of 8 December 1988;
 
      6.   Requests the Commission on Human Rights to invite the Sub-Commission
 on Prevention of Discrimination and Protection of Minorities to study the
 practical implementation of United Nations norms and standards in this field
 and to recommend practical measures to the Commission;
 
      7.   Requests the Secretary-General in this regard:
 
      (a)  To solicit from Member States as well as from the relevant
 international agencies and bodies, in particular, the Human Rights Committee,
 the Committee against Torture and the Committee for the Elimination of Racial
 Discrimination, comments on the implementation of these standards;
 
      (b)  To forward those comments to the Sub-Commission on Prevention of
 Discrimination and Protection of Minorities at its next session;
 
      8.   Also requests the Secretary-General:
 
      (a)  To identify general problems that may impinge on the effective
 implementation of standards and norms and to recommend viable solutions with
 action-oriented proposals;
 
      (b)  To formulate practical proposals on procedures and action at the
 national, regional and international levels to implement United Nations norms
 and standards on human rights in the administration of justice for the Eighth
 United Nations Congress on the Prevention of Crime and the Treatment of
 Offenders;
 
      (c)  To continue to assist Member States, at their request, in
 implementing existing international human rights standards in the
 administration of justice, in particular under the programme of advisory
 services;
 
      (d)  To continue to provide all necessary support to United Nations
 bodies working on standard-setting in this field;
 
      (e)  To co-ordinate the various technical advisory services provided by
 the Centre for Human Rights and the Centre for Social Development and
 Humanitarian Affairs of the Secretariat with a view to undertaking joint
 programmes and strengthening existing mechanisms for the protection of human
 rights in the administration of justice;
 
      9.   Emphasizes the important role of the regional commissions,
 specialized agencies and United Nations institutes in the area of human rights
 and crime prevention and criminal justice and other organizations of the
 United Nations system, as well as intergovernmental and non-governmental
 organizations, including national professional associations concerned with
 promoting United Nations standards in this field;
 
      10.  Draws the attention of the Commission on Human Rights and the
 Sub-Commission on Prevention of Discrimination and Protection of Minorities,
 as well as the Eighth United Nations Congress on the Prevention of Crime and
 the Treatment of Offenders and the Committee on Crime Prevention and Control,
 to the issues raised in the present resolution, so that priority is accorded
 to issues related to human rights in the administration of justice;
 
      11.  Decides to consider at its forty-fifth session the question of human
 rights in the administration of justice.