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A/61/443/Add.1

Promotion and protection of human rights : report of the 3rd Committee : General Assembly, 61st session

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United Nations
A/61/443/Add.1
General Assembly
Distr.: General
8 December 2006
Original: English
06-65121 (E) 121206
*0665121*
Sixty-first session
Agenda item 67 (a)
Promotion and protection of human rights: implementation
of human rights instruments
Report of the Third Committee*
Rapporteur: Ms. Elena Molaroni (San Marino)
I. Introduction
1. At its 2nd plenary meeting, on 13 September 2006, the General Assembly, on
the recommendation of the General Committee, decided to include in the agenda of
its sixty-first session, under the item entitled “Promotion and protection of human
rights”, the sub-item entitled “Implementation of human rights instruments” and to
allocate it to the Third Committee.
2. The Third Committee held a general discussion on the sub-item jointly with
sub-item 67 (d) at its 20th, 21st and 27th meetings, on 17, 18 and 23 October 2006,
and took action on sub-item (a) at its 30th and 48th meetings, on 25 October and
17 November. An account of the Committee’s consideration is contained in the
relevant summary records (A/C.3/61/SR.20, 21, 30 and 48).
3. For the documents before the Committee under this sub-item, see A/61/443.
4. At the 20th meeting, on 17 October, the Officer-in-Charge of the New York
Office of the United Nations High Commissioner for Human Rights made an
introductory statement (see A/C.3/61/SR.20).
5. At the twenty-seventh meeting, on 23 October, the Special Rapporteur of the
Human Rights Council on torture and other cruel, inhuman or degrading treatment
or punishment made a presentation and engaged in a question-and-answer session
with the representatives of Cuba, Norway, Uzbekistan, Canada, Finland (on behalf
of the States Members of the United Nations that are members of the European
Union), the Republic of Korea, Georgia, Turkey, the Syrian Arab Republic and the
Russian Federation (see A/C.3/61/SR.27).
* The report of the Committee on this item will be issued in five parts, under the symbol A/61/433
and Add.1-4.
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II. Consideration of draft resolution A/C.3/61/L.15
6. At the 30th meeting, on 25 October, the representative of Denmark, on behalf
of Argentina, Austria, Azerbaijan, Belgium, Benin, Bosnia and Herzegovina, Brazil,
Bulgaria, Canada, Chile, Costa Rica, Croatia, Cyprus, the Czech Republic,
Denmark, Ecuador, Estonia, Finland, France, Georgia, Germany, Greece,
Guatemala, Hungary, India, Ireland, Italy, Kyrgyzstan, Latvia, Liechtenstein,
Lithuania, Luxembourg, Malta, Mexico, Monaco, the Netherlands, New Zealand,
Nigeria, Norway, Panama, Paraguay, Poland, Portugal, the Republic of Korea,
Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, the United
Kingdom of Great Britain and Northern Ireland, the United States of America and
Uruguay, introduced a draft resolution entitled “Torture and other cruel, inhuman or
degrading treatment or punishment” (A/C.3/61/L.15), and orally revised operative
paragraph 26 by deleting the words “noting the upcoming entry into force of the
Optional Protocol to the Convention” at the end of the paragraph. Subsequently,
Albania, Andorra, Angola, Armenia, Australia, Bangladesh, Belarus, Bolivia,
Burundi, Burkina Faso, the Central African Republic, Cote d’Ivoire, the Democratic
Republic of the Congo, the Dominican Republic, El Salvador, Ghana, Honduras,
Iceland, Israel, Kenya, Liberia, Madagascar, Mauritania, Micronesia (Federated
States of), Moldova, Mongolia, Morocco, Peru, Serbia, Timor-Leste, Turkey,
Ukraine, Uruguay and Venezuela (Bolivarian Republic of) joined in sponsoring the
draft resolution.
7. At its 48th meeting, on 17 November, the Committee was advised that the
draft resolution had no programme budget implications.
8. At the same meeting, the representative of Denmark further orally revised the
draft resolution by deleting, in operative paragraph 22, the words “in accordance
with the standard terms of reference” after the words “requests by the Special
Rapporteur to visit their countries”.
9. Also at its 48th meeting, the Committee adopted draft resolution
A/C.3/61/L.15, as orally revised, without a vote (see para. 10).
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III. Recommendation of the Third Committee
10. The Third Committee recommends to the General Assembly the adoption of
the following draft resolution:
Torture and other cruel, inhuman or degrading treatment
or punishment
The General Assembly,
Reaffirming that no one shall be subjected to torture or to other cruel, inhuman
or degrading treatment or punishment,
Recalling that freedom from torture and other cruel, inhuman or degrading
treatment or punishment is a non-derogable right that must be protected under all
circumstances, including in times of international or internal armed conflict or
disturbance, and that the absolute prohibition of torture and other cruel, inhuman or
degrading treatment or punishment is affirmed in relevant international instruments,
Recalling also that a number of international, regional and domestic courts,
including the International Tribunal for the Prosecution of Persons Responsible for
Serious Violations of International Humanitarian Law Committed in the Territory of
the Former Yugoslavia since 1991, have recognized that the prohibition of torture is
a peremptory norm of international law and have held that the prohibition of cruel,
inhuman or degrading treatment or punishment is customary international law,
Recalling further the definition of torture contained in article 1 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment,1
Noting that under the Geneva Conventions of 19492 torture and inhuman
treatment are a grave breach and that under the statutes of the International Tribunal
for the Former Yugoslavia and the International Criminal Tribunal for the
Prosecution of Persons Responsible for Genocide and Other Serious Violations of
International Humanitarian Law Committed in the Territory of Rwanda and
Rwandan Citizens Responsible for Genocide and Other Such Violations Committed
in the Territory of Neighbouring States between 1 January and 31 December 1994
and the Rome Statute of the International Criminal Court3 acts of torture constitute
war crimes and can constitute crimes against humanity,
Commending the persistent efforts by non-governmental organizations,
including the considerable network of centres for the rehabilitation of victims of
torture, to combat torture and to alleviate the suffering of victims of torture,
1. Condemns all forms of torture and other cruel, inhuman or degrading
treatment or punishment, including through intimidation, which are and shall remain
prohibited at any time and in any place whatsoever and can thus never be justified,
__________________
1 United Nations, Treaty Series, vol. 1465, No. 24841.
2 Ibid., vol. 75, Nos. 970-973.
3 Official Records of the United Nations Diplomatic Conference of Plenipotentiaries on the
Establishment of an International Criminal Court, Rome, 15 June-17 July 1998, vol. I: Final
documents (United Nations publication, Sales No. E.02.I.5), sect. A.
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and calls upon all States to implement fully the absolute prohibition of torture and
other cruel, inhuman or degrading treatment or punishment;
2. Emphasizes that States must take persistent, determined and effective
measures to prevent and combat torture and other cruel, inhuman or degrading
treatment or punishment, including their gender-based manifestations, and stresses
that all acts of torture must be made offences under domestic criminal law;
3. Also emphasizes the importance of States ensuring proper follow-up to
the recommendations and conclusions of the relevant treaty bodies and mechanisms,
including the Committee against Torture and the Special Rapporteur of the Human
Rights Council on torture and other cruel, inhuman or degrading treatment or
punishment;
4. Condemns any action or attempt by States or public officials to legalize,
authorize or acquiesce in torture and other cruel, inhuman or degrading treatment or
punishment under any circumstances, including on grounds of national security or
through judicial decisions;
5. Stresses that all allegations of torture or other cruel, inhuman or
degrading treatment or punishment must be promptly and impartially examined by
the competent national authority, that those who encourage, order, tolerate or
perpetrate acts of torture must be held responsible and severely punished, including
the officials in charge of the place of detention where the prohibited act is found to
have been committed, and takes note in this respect of the Principles on the
Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (the Istanbul Principles)4 as a useful tool in
efforts to combat torture and of the updated set of principles for the protection of
human rights through action to combat impunity;5
6. Emphasizes that acts of torture are serious violations of international
humanitarian law and in this regard constitute war crimes and can constitute crimes
against humanity, and that the perpetrators of all acts of torture must be prosecuted
and punished;
7. Urges States to ensure that any statement that is established to have been
made as a result of torture shall not be invoked as evidence in any proceedings,
except against a person accused of torture as evidence that the statement was made;
8. Stresses that States must not punish personnel who are involved in the
custody, interrogation or treatment of any individual subjected to any form of arrest,
detention or imprisonment or any other form of deprivation of liberty for not
obeying orders to commit or conceal acts amounting to torture or other cruel,
inhuman or degrading treatment or punishment;
9. Urges States not to expel, return (“refouler”), extradite or in any other
way transfer a person to another State where there are substantial grounds for
believing that the person would be in danger of being subjected to torture, and
recognizes that diplomatic assurances, where used, do not release States from their
obligations under international human rights, humanitarian and refugee law, in
particular the principle of non-refoulement;
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4 Resolution 55/89, annex.
5 See E/CN.4/2005/102/Add.1.
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10. Stresses that national legal systems must ensure that victims of torture
and other cruel, inhuman or degrading treatment or punishment obtain redress, are
awarded fair and adequate compensation and receive appropriate social and medical
rehabilitation, urges States to take effective measures to this end, and in this regard
encourages the development of rehabilitation centres;
11. Recalls its resolution 43/173 of 9 December 1988 on the Body of
Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment, and in this context stresses that ensuring that any individual arrested
or detained is promptly brought before a judge or other independent judicial officer
in person and permitting prompt and regular medical care and legal counsel as well
as visits by family members and independent monitoring mechanisms are effective
measures for the prevention of torture and other cruel, inhuman or degrading
treatment and punishment;
12. Reminds all States that prolonged incommunicado detention or detention
in secret places may facilitate the perpetration of torture and other cruel, inhuman or
degrading treatment or punishment and can in itself constitute a form of such
treatment, and urges all States to respect the safeguards concerning the liberty,
security and dignity of the person;
13. Calls upon all States to take appropriate effective legislative,
administrative, judicial and other measures to prevent and prohibit the production,
trade, export and use of equipment that is specifically designed to inflict torture or
other cruel, inhuman or degrading treatment;
14. Urges all States that have not yet done so to become parties to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment1 as a matter of priority;
15. Invites all States parties to the Convention that have not yet done so to
make the declarations provided for in articles 21 and 22 of the Convention
concerning inter-State and individual communications, to consider the possibility of
withdrawing their reservations to article 20 of the Convention and to notify the
Secretary-General of their acceptance of the amendments to articles 17 and 18 of the
Convention as soon as possible;
16. Urges States parties to comply strictly with their obligations under the
Convention, including, in view of the high number of reports not submitted in time,
their obligation to submit reports in accordance with article 19 of the Convention,
and invites States parties to incorporate a gender perspective and information
concerning children and juveniles and persons with disabilities when submitting
reports to the Committee against Torture;
17. Acknowledges with appreciation the entry into force of the Optional
Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment,6 and calls upon States parties to give early consideration
to signing and ratifying the Protocol, which provides further measures for use in the
fight against and prevention of torture and other cruel, inhuman or degrading
treatment or punishment;
__________________
6 Resolution 57/199, annex.
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18. Welcomes the work of the Committee against Torture and its report
submitted in accordance with article 24 of the Convention,7 and recommends that
the Committee continue to include information on the follow-up by States to its
recommendations;
19. Calls upon the United Nations High Commissioner for Human Rights, in
conformity with her mandate established by the General Assembly in its resolution
48/141 of 20 December 1993, to continue to provide, at the request of States,
advisory services for the prevention of torture and other cruel, inhuman or
degrading treatment or punishment, including for the preparation of national reports
to the Committee against Torture and for the establishment and operation of national
preventive mechanisms, as well as technical assistance for the development,
production and distribution of teaching material for this purpose;
20. Notes with appreciation the interim report of the Special Rapporteur of
the Human Rights Council on torture and other cruel, inhuman or degrading
treatment or punishment,8 and encourages the Special Rapporteur to continue to
include in his recommendations proposals on the prevention and investigation of
torture and other cruel, inhuman or degrading treatment or punishment, including its
gender-based manifestations;
21. Requests the Special Rapporteur to continue to consider including in his
report information on the follow-up by States to his recommendations, visits and
communications, including progress made and problems encountered, and on other
official contacts;
22. Calls upon all States to cooperate with and assist the Special Rapporteur
in the performance of his task, to supply all necessary information requested by the
Special Rapporteur, to fully and expeditiously respond to and follow up his urgent
appeals, to give serious consideration to responding favourably to requests by the
Special Rapporteur to visit their countries and to enter into a constructive dialogue
with the Special Rapporteur on requested visits to their countries as well as with
respect to the follow-up to his recommendations;
23. Stresses the need for the continued regular exchange of views among the
Committee against Torture, the Subcommittee on Prevention of Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, the Special Rapporteur and
other relevant United Nations mechanisms and bodies, as well as for the pursuance
of cooperation with relevant United Nations programmes, notably the United
Nations Crime Prevention and Criminal Justice Programme, with a view to
enhancing further their effectiveness and cooperation on issues relating to torture,
inter alia, by improving their coordination;
24. Recognizes the global need for international assistance to victims of
torture, stresses the importance of the work of the Board of Trustees of the United
Nations Voluntary Fund for Victims of Torture, and appeals to all States and
organizations to contribute annually to the Fund, preferably with a substantial
increase in the level of contributions;
25. Requests the Secretary-General to continue to transmit to all States the
appeals of the General Assembly for contributions to the Fund and to include the
__________________
7 Official Records of the General Assembly, Sixty-first Session, Supplement No. 44 (A/61/44).
8 See A/61/259.
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Fund on an annual basis among the programmes for which funds are pledged at the
United Nations Pledging Conference for Development Activities;
26. Also requests the Secretary-General to ensure, within the overall
budgetary framework of the United Nations, the provision of adequate staff and
facilities for the bodies and mechanisms involved in preventing and combating
torture and assisting victims of torture commensurate with the strong support
expressed by Member States for preventing and combating torture and assisting
victims of torture;
27. Further requests the Secretary-General to submit to the Human Rights
Council and to the General Assembly at its sixty-second session a report on the
status of the Convention and a report on the operations of the Fund;
28. Calls upon all States, the Office of the United Nations High
Commissioner for Human Rights and other United Nations bodies and agencies, as
well as relevant intergovernmental and non-governmental organizations, to
commemorate, on 26 June, the United Nations International Day in Support of
Victims of Torture;
29. Decides to consider at its sixty-second session the reports of the
Secretary-General, including the report on the United Nations Voluntary Fund for
Victims of Torture, the report of the Committee against Torture and the interim
report of the Special Rapporteur of the Human Rights Council on torture and other
cruel, inhuman or degrading treatment or punishment.