05. Human Remains
02. UN Manual on the effective prevention & investigation ..... - 1991 |
UN Manual on the effective prevention and investigation of extra-legal, arbitrary and summary executions - ST/CSDHA/12 - 1991 - Annex I. Principle on the effective presention and investigation of extra-legal, arbitrary and summary executions
See Introduction: 
See I. International Human Rights Standards: 
See II. The Elaboration of international standards for effective prevention of extra-legal, arbitrary and summary executions 
See III. Model Protocol for a legal investigation of extra-legal arbitrary and summary executions ("Minnesota Protocol")
See IV. Model autopsy protocol
See V. Model protocol for disinterment and analysis of skeletal remains
The Economic and Social Council,*
Recalling that article 3 of the Universal Declaration of Human Rights (a/ General Assembly resolution 217 A (III).) [108] proclaims that everyone has the right to life, liberty and security of person,
Bearing in mind that paragraph 1 of article 6 of the International Covenant on Civil and Political Rights (b/ See General Assembly resolution 2200 A (XXI), annex.) [114] states that every human being has an inherent right to life, that that right shall be protected by law and that no one shall be arbitrarily deprived of his or her life,
Also bearing in mind the general comments of the Human Rights Committee on the right to life as enunciated in article 6 of the International Covenant on Civil and Political Rights,
Stressing that extra-legal, arbitrary and summary executions contravene the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights,
Mindful that the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, in resolution 11 on extra-legal, arbitrary and summary executions, (c/ See Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Milan, 26 August-6 September 1985: report prepared by the Secretariat (United Nations publication, Sales No. E.86.IV.1), chap. I, sect. E.) [93] called upon all Governments to take urgent and incisive action to investigate such acts, wherever they may occur, to punish those found guilty and to take all other measures necessary to prevent those practices,
Mindful also that the Economic and Social Council, in section VI of its resolution 1986/10 of 21 May 1986, requested the Committee on Crime Prevention and Control to consider at its tenth session the question of extra-legal, arbitrary and summary executions with a view to elaborating principles on the effective prevention and investigation of such practices,
Recalling that the General Assembly in its resolution 33/173 of 20 December 1978 expressed its deep concern at reports from various parts of the world relating to enforced or involuntary disappearances and called upon Governments, in the event of such reports, to take appropriate measures to searching for such persons and to undertake speedy and impartial investigations,
Noting with appreciation the efforts of non-governmental organizations to develop standards for investigations, (d/ See E/AC.57/l988/NGO.4.) [115]
Emphasizing that the General Assembly in its resolution 42/141 of 7 December 1987 strongly condemned once again the large number of summary or arbitrary executions, including extra-legal executions, that continued to take place in various parts of the world,
Noting that in the same resolution the General Assembly recognized the need for closer co-operation between the Centre for Human Rights, the Crime Prevention and Criminal Justice Branch of the Centre for Social Development and Humanitarian Affairs and the Committee on Crime Prevention and Control in an effort to bring to an end summary or arbitrary executions,
Aware that effective prevention and investigation of extra-legal, arbitrary and summary executions requires the provision of adequate financial and technical resources,
1. Recommends that the Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions annexed to the present resolution shall be taken into account and respected by Governments within the framework of their national legislation and practices, and shall be brought to the attention of law enforcement and criminal justice officials, military personnel, lawyers, members of the executive and legislative bodies of the Government and the public in general;
2. Requests the Committee on Crime Prevention and Control to keep the above recommendations under constant review, including implementation of the Principles, taking into account the various socio-economic, political and cultural circumstances in which extra-legal, arbitrary and summary executions occur;
3. Invites Member States that have not yet ratified or acceded to international instruments that prohibit extra-legal, arbitrary and summary executions, including the International Covenant on Civil and Political Rights, (b/ See General Assembly resolution 2200 A (XXI), annex.) [114] the Optional Protocol to the International Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, (e/ General Assembly resolution 39/46, annex.) [116] to become parties to these instruments;
4. Requests the Secretary -General to include the Principles in the United Nations publication entitled Human Rights: A Compilation of International Instruments;
5. Requests the United Nations regional and interregional institutes for the prevention of crime and the treatment of offenders to give special attention in their research and training programmes to the Principles, and to the International Covenant on Civil and Political Rights, (b/ See General Assembly resolution 2200 A (XXI), annex.) [114] the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, (e/ General Assembly resolution 39/46, annex.) [116] the Code of Conduct for Law Enforcement Officials, (f/ General Assembly resolution 34/169, annex.) [104] the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (g/ General Assembly resolution 40/34, annex.) [102] and other international instruments relevant to the question of extra-legal, arbitrary and summary executions.
[*] ANNEX to Resolution 1989/65 of 24 May 1989 - Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions: http://www.unhchr.ch/html/menu3/b/54.htm
Note: References are numbered a/, b/ etc., with the original numbering from the resolution given in square brackets immediately following the footnote indicators.
Followed by:
Annex II. Postmortem detection of torture 
Annex III. Drawings of parts of human body for identification of torture 
Modifié le 28.01.2002
Auteurs Sophie Martin
Valideurs Aucun