United Nations

A/RES/51/92


General Assembly

Distr. GENERAL  

28 February 1997

ORIGINAL:
ENGLISH



Fifty-first session
Agenda item 110 (b)


                  RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

            [on the report of the Third Committee (A/51/619/Add.2)]


            51/92.      Extrajudicial, summary or arbitrary
                        executions


      The General Assembly,

      Considering that the subject of extrajudicial, summary or
arbitrary executions has been discussed in the United Nations for many
years 1/ within the framework of discussions on human rights based on
the general recognition of the right to life of every person as
guaranteed by the Universal Declaration of Human Rights, 2/ the
provisions of the International Covenant on Civil and Political
Rights 3/ and a large number of other international human rights
instruments, that extrajudicial, summary or arbitrary executions can
be fought effectively only through a genuine will on the part of
Governments to enforce the safeguards and guarantees for the
protection of the right to life of every person, that declarations of
commitment to the protection of the right to life by Governments are
only effective if they are translated into practice and respected by
all and that, if the aim is protection of the right to life, the
emphasis must be on prevention of all forms of violations of this
fundamental right,

      1.    Strongly condemns once again all the extrajudicial, summary
or arbitrary executions that continue to take place throughout the
world;

      2.    Demands that all Governments ensure that the practice of
extrajudicial, summary or arbitrary executions be brought to an end
and that they take effective action to combat and eliminate the
phenomenon in all its forms;

      3.    Reiterates the obligation of all Governments to conduct
exhaustive and impartial investigations into all suspected cases of
extrajudicial, arbitrary or summary executions, to identify and bring
to justice those responsible, to grant adequate compensation to the
victims or their families and to adopt all necessary measures to
prevent the recurrence of such executions;

      4.    Reiterates also that the Special Rapporteur of the
Commission on Human Rights on extrajudicial, summary or arbitrary
executions needs to be able to respond effectively to credible and
reliable information that comes before him, and invites him to
continue to seek the views and comments of all concerned, including
Member States, in the elaboration of his report;

      5.    Reaffirms Economic and Social Council decision 1995/284 of
25 July 1995, in which the Council approved the decision of the
Commission on Human Rights in its resolution 1995/73 of
8 March 1995 4/ to extend the mandate of the Special Rapporteur on
extrajudicial, summary or arbitrary executions for a three-year
period, and recommends that the Commission at its fifty-fourth session
continue his mandate;

      6.    Takes note of the interim report of the Special
Rapporteur; 5/

      7.    Notes the important role the Special Rapporteur has played
towards the elimination of extrajudicial, summary or arbitrary
executions;

      8.    Notes that the Commission on Human Rights, in its resolution
1996/74, 6/ requested the Special Rapporteur, in carrying out his
mandate:

      (a)   To continue to examine situations of extrajudicial, summary
or arbitrary executions and to submit his findings, together with
conclusions and recommendations, to the Commission, as well as such
other reports as the Special Rapporteur deems necessary in order to
keep the Commission informed about such serious situations of
extrajudicial, summary or arbitrary executions that warrant its
immediate attention;

      (b)   To respond effectively to information that comes before him,
in particular when an extrajudicial, summary or arbitrary execution is
imminent or threatened, or when such an execution has occurred;

      (c)   To enhance further his dialogue with Governments, as well as
to follow up on recommendations made in reports after visits to
particular countries;

      (d)   To continue to pay special attention to extrajudicial,
summary or arbitrary executions of children and women and to
allegations concerning violations of the right to life in the context
of violence against participants in demonstrations and other peaceful
public manifestations or against persons belonging to minorities;

      (e)   To pay special attention to extrajudicial, summary or
arbitrary executions where the victims are individuals who are
carrying out peaceful activities in the defence of human rights and
fundamental freedoms;

      (f)   To continue monitoring the implementation of existing
international standards on safeguards and restrictions relating to the
imposition of capital punishment, bearing in mind the comments made by
the Human Rights Committee 7/ in its interpretation of article 6 of
the International Covenant on Civil and Political Rights, 3/ as well as
the Second Optional Protocol thereto; 8/

      (g)   To apply a gender perspective in his work;                        

      9.    Strongly urges all Governments to respond to the
communications transmitted to them by the Special Rapporteur, and
urges them and all others concerned to cooperate with and assist the
Special Rapporteur so that he may carry out his mandate effectively,
including, where appropriate, by issuing invitations to the Special
Rapporteur when he so requests;

      10.   Encourages Governments, international organizations and
non-governmental organizations to organize training programmes and to
support projects with a view to training or educating military forces,
law enforcement officers and government officials, as well as members
of the United Nations peacekeeping or observer missions, in human
rights and humanitarian law issues connected with their work, and
appeals to the international community to support endeavours to that
end;

      11.   Urges the Special Rapporteur to continue to draw to the
attention of the United Nations High Commissioner for Human Rights
such situations of extrajudicial, summary or arbitrary executions as
are of particularly serious concern to him or where early action might
prevent further deterioration;

      12.   Welcomes the cooperation established between the Special
Rapporteur and other United Nations mechanisms and procedures in the
field of human rights, as well as with medical and forensic experts,
and encourages the Special Rapporteur to continue efforts in this
regard;

      13.   Encourages the Governments of all States in which the death
penalty has not been abolished to comply with their obligations under
the relevant provisions of international human rights instruments,
taking into account the safeguards and guarantees referred to in
Economic and Social Council resolutions 1984/50 of 25 May 1984 and
1989/64 of 24 May 1989;

      14.   Requests the Secretary-General to inform the Commission on
Human Rights of the implementation of Economic and Social Council
decision 1995/284, keeping in mind the comments on this matter by the
Special Rapporteur in his report, 9/ in order to enable him to
carry out his mandate effectively, including through country visits;

      15.   Again requests the Secretary-General to continue to use his
best endeavours in cases where the minimum standard of legal
safeguards provided for in articles 6, 9, 14 and 15 of the
International Covenant on Civil and Political Rights appears not to
have been respected;

      16.   Requests the Special Rapporteur to submit to the General
Assembly at its fifty-third session an interim report on the situation
worldwide in regard to extrajudicial, summary or arbitrary executions
and his recommendations for more effective action to combat that
phenomenon.


                                                          82nd plenary meeting
                                                              12 December 1996


                                     Notes

1/    The most recent resolutions are General Assembly resolution
49/191 and Commission on Human Rights resolution 1996/74 (for the
latter, see Official Records of the Economic and Social Council, 1996,
Supplement No. 3 (E/1996/23), chap. II, sect. A.).

2/    Resolution 217 A (III).

3/    See resolution 2200 A (XXI), annex.

4/    See Official Records of the Economic and Social Council, 1995,
Supplement No. 3 and corrigenda (E/1995/23 and Corr.1 and 2),
chap. II, sect. A.

5/    A/51/457, annex.

6/    See Official Records of the Economic and Social Council, 1996,
Supplement No. 3 (E/1996/23), chap. II, sect. A.

7/    See A/51/40, paras. 396-399; see Official Records of the General
Assembly, Fifty-first Session, Supplement No. 40.

8/    Resolution 44/128, annex.

9/    E/CN.4/1996/4, para. 619.

 

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