United Nations

A/RES/44/159


General Assembly

Distr. GENERAL  

15 December 1989

ORIGINAL:
ENGLISH



                                                        A/RES/44/159
                                                        82nd plenary meeting
                                                        15 December 1989
 
                    Summary or arbitrary executions
 
      The General Assembly,
 
      Recalling the provisions of the Universal Declaration of Human Rights,
 in which it is stated that every human being has 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 its resolution 36/22 of 9 November 1981, in which it condemned
 the practice of summary or arbitrary executions, and its resolutions 37/182 of
 17 December 1982, 38/96 of 16 December 1983, 39/110 of 14 December 1984,
 40/143 of 13 December 1985, 41/144 of 4 December 1986, 42/141 of
 7 December 1987 and 43/151 of 8 December 1988,
 
      Deeply alarmed at the continued occurrence on a large scale of summary or
 arbitrary executions, including extra-legal executions,
 
      Recalling Economic and Social Council resolution 1984/50 of 25 May 1984
 and the safeguards guaranteeing protection of the rights of those facing the
 death penalty annexed thereto, which resolution was endorsed by the Seventh
 United Nations Congress on the Prevention of Crime and the Treatment of
 Offenders in its resolution 15,
 
      Recalling also the close co-operation established between the Centre for
 Human Rights, the Crime Prevention and Criminal Justice Branch of the Centre
 for Social Development and Humanitarian Affairs of the 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,
 
      Welcoming the adoption by the Economic and Social Council of its
 resolution 1989/65 of 24 May 1989 containing the Principles on the Effective
 Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions,
 
      Welcoming also the adoption by the Economic and Social Council of its
 resolution 1989/64 of 24 May 1989 entitled "Implementation of the safeguards
 guaranteeing protection of the rights of those facing the death penalty" and
 the recommendations contained therein,
 
      Convinced of the need for appropriate action to combat and eventually
 eliminate the abhorrent practice of summary or arbitrary executions, which
 represents a flagrant violation of the most fundamental human right, the right
 to life,
 
      1.   Once again strongly condemns the large number of summary or
 arbitrary executions, including extra-legal executions, that continue to take
 place in various parts of the world;
 
      2.   Demands that the practice of summary or arbitrary executions be
 brought to an end;
 
      3.   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;
 
      4.   Reaffirms Economic and Social Council resolution 1982/35 of
 7 May 1982, in which the Council decided to appoint a special rapporteur to
 consider the questions related to summary or arbitrary executions;
 
      5.   Recalls with satisfaction Economic and Social Council resolution
 1988/38 of 7 May 1988, by which the Council decided to renew the mandate of
 the Special Rapporteur, Mr. S. Amos Wako, for two years, while maintaining the
 annual reporting cycle;
 
      6.   Urges all Governments, in particular those which 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;
 
      7.   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 threatened, or when such an
 execution has recently occurred, and, furthermore, to promote exchanges of
 views between Governments and those who provide reliable information to the
 Special Rapporteur, where the Special Rapporteur considers that such exchanges
 of information might be useful;
 
      8.   Welcomes the recommendations made by the Special Rapporteur in his
 reports to the Commission on Human Rights at its forty-fourth and
 forty-fifth sessions with a view to eliminating summary or arbitrary
 executions;
 
      9.   Encourages Governments, international organizations and
 non-governmental organizations to organize training programmes and support
 projects with a view to training or educating law enforcement officers in
 human rights issues connected with their work, and appeals to the
 international community to support endeavours to that end;
 
      10.  Considers that the Special Rapporteur, in carrying out his mandate,
 should continue to seek and receive information from Governments, United
 Nations bodies, specialized agencies, regional intergovernmental organizations
 and non-governmental organizations in consultative status with the Economic
 and Social Council, as well as medical and forensic experts;
 
      11.  Requests the Secretary-General to continue to provide all necessary
 assistance to the Special Rapporteur so that he may effectively carry out his
 mandate;
 
      12.  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, 14 and 15 of the International Covenant on Civil and
 Political Rights appear not to have been respected;
 
      13.  Requests the Commission on Human Rights at its forty-sixth session,
 on the basis of the report of the Special Rapporteur to be prepared in
 conformity with Economic and Social Council resolutions 1982/35, 1983/36,
 1984/35, 1985/40, 1986/36, 1987/60 and 1988/38, to make recommendations
 concerning appropriate action to combat and eventually eliminate the abhorrent
 practice of summary or arbitrary executions.