Summary or Arbitrary Executions

A/RES/40/143View PDF

Who adopted this document and its mandates?

A Resolution of the General Assembly, under agenda item 12 Report of the Economic and Social Council, published in 1986.

What other versions does this mandate have?

11 versions · 1983–1995

This is an older version — the most recent is A/RES/49/191

Year	Symbol	Title	Word length	Text similarity
1995	A/RES/49/191	Summary or arbitrary executions	1,029	—
1993	A/RES/47/136	Summary or arbitrary executions	—	—
1991	A/RES/45/162	Summary or arbitrary executions	—	—
1990	A/RES/44/159	Summary or arbitrary executions	—	—
1989	A/RES/43/151	Summary or arbitrary executions	—	—

What subjects does this mandate have?

5 subjects

Civil and Political Rights Extralegal Executions Standards Summary Executions Treaties

What’s in this document?

11 operative paragraphs

Recalling the provisions of the Universal Declaration of Human Rights,6 which states that every human being has the right to life, liberty and security of person,

Having regard to the provisions of the Intemational Covenant on Civil and Political Rights, 7 which states 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 a/so its resolution 34/175 of 17 December 1979, in which it reaffirmed that mass and flagrant violations of human rights are of special concern to the United Nations and urged the Commission on Human Rights to take timely and effective action in existing and future cases of mass and flagrant violations of human rights,

Recalling further 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 and 39/ I I O of 14 December 1984,

Deeply alarmed at the continued occurrence on a large scale of summary or arbitrary executions, including extralegal executions,

Recalling resolution 1982/ 13 of 7 September 1982 of the Sub-Commission on Prevention ofDiscrimination and Protection ofMinorities,1 90 in which the Sub-Commission recommended that effective measures should be adopted to prevent the occurrence of summary or arbitrary executions,

Welcoming Economic and Social Council resolution 1984/50 of 25 May 1984, and the safeguards guaranteeiñg 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, 138 as well as the ongoing work on summary or arbitrary executions within the Committee on Crime Prevention and Control,

Convinced of the need for appropriate action to combat and eventually eliminate the practice of summary or arbitrary executions, which represents a flagrant violation of the most fundamental human right, the right to life,

Strongly condemns the large number of summary or arbitrary executions, including extra-legal executions, which continue to take place in various parts of the world;

Demands that the practice of summary or arbitrary executions be brought to an end;

We/comes Economic and Social Council resolution 1982/35 of 7 May 1982, in which the Council decided to appoint for one year a special rapporteur to examine the questions related to summary or arbitrary executions;

A/so we/comes Economic and Social Council resolution 1985/40 of 30 May 1985, in which the Council decided to continue the mandate of the Special Rapporteur, Mr. S. A. Wako, for a further year and requested the Commission on Human Rights to consider the question of summary or arbitrary executions as a matter ofhigh priority at its forty-second session;

Urges all Governments and all others concerned to co-operate with and assist the Special Rapporteur of the Commission on Human Rights in the implementation of his mandate;

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;

A/so requests the Special Rapporteur to consider, in bis next report, possible measures to be taken by the appropriate authorities when a death occurs in custody, including adequate autopsy;

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;

Requests the Secretary-General to provide ali necessary assistance to the Special Rapporteur so that he may effectively carry out bis mandate;

Again requests the Secretary-General to continue to use bis best endeavours in cases where the mínimum standard of legal safeguards provided for in articles 6, 14 and 15 of the International Covenant on Civil and Political Rights7 appear not to be respected; General Assembly-Fortieth Sesslon

Requests the Commission on Human Rights at its forty-second 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 and 1985/40, to make recommendations concerning appropriate action to combat and eventually eliminate the abhorrent practice of summary or arbitrary executions.

116th p/enary meeting

13 December 1985

VI.

188 A/40/874 189 lh1d .. sect. 11.

ANNEX Dedaration on tbe Human RJ1b1s of lndhidaals Wbo are not Natioaals of tbe Coantry ia wblcb Tbey Live

The General Assembly,

Considering that the Charter ofthe Unitcd Nations encourages univenal respect for and observance of the human rights and fundamental freedoms of ali human beinp, without distinction as to race, sex, language or religjon,

Consideringthat the Univenal Oeclaration ofHuman Rights6 procla,ms that ali human beinp are bom free and equal in dignity and rights and that everyone is entitled to ali the rights and freedoms set forth in that Oeclaration, without distinction of any kind, such as race, colour. se~. language, religion, political or other opinion. national or social origjn, property, birth or other status,

Considering that the Univenal Oeclaration of Human Rights proclaims

further that everyone has the right to recognition everywhere as a person before the law. that ali are equal before the law and entitled without any discrimination to equal protection of the law, and that ali are entitled to equal protection apinst any discrimination in violation of that Declaration and against any incitcment to such discrimination,

Being aware that the States parties to the Jntemational Covenants on Human Rights24 undertake to ¡uarantee that the rights enunciated in these Covenants will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status,

Conscious that, with improving communications and the development of peaceful and friendly relations among countries, individua Is increasingly live in countrics of which they are not nationals,

Reaffirming the purposes and principies of the Charter of th~ United Nations,

Recognizing that the protection of human rights and fundamental freedoms provided for in intemational instruments should also be cnsured for individuals who are not nationals of the country in which they live.

Proc/aims this Oeclaration:

Amele I For the purposes of this Oeclaration, the term "alien" shall apply, w1th due regard to qualifications made in subsequent articles, to any individual who is not a national of thc Slate in which he or she is present.

Arllc/e 2 1.

Nothing m th1s Declaration shall be interpreted as legitimizing the illegal entry into and presence in a State of any alíen, nor shall any provi-

!90 See E/CN.411983/4-E/CN.4/Sub.2!1982/43 and Corr. l. cha p. XXI. sect. A.

Who adopted this document and its mandates?

What other versions does this mandate have?

What subjects does this mandate have?

What’s in this document?

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