A/RES/61/173
Affirming the obligation of States to prevent the abuse of persons deprived of
their liberty and to investigate and respond to deaths in custody,
Convinced of the need for effective action to prevent, combat and eliminate the
abhorrent practice of extrajudicial, summary or arbitrary executions, which
represent a flagrant violation of the right to life,
Strongly condemns once again all the extrajudicial, summary or arbitrary
1.
executions that continue to occur throughout the world;
Demands that all States ensure that the practice of extrajudicial, summary
2.
or arbitrary executions is brought to an end and that they take effective action to
prevent, combat and eliminate the phenomenon in all its forms;
Reiterates the obligation of all States to conduct exhaustive and impartial
3.
investigations into all suspected cases of extrajudicial, summary or arbitrary
executions, to identify and bring to justice those responsible, while ensuring the
right of every person to a fair and public hearing by a competent, independent and
impartial tribunal established by law, to grant adequate compensation within a
reasonable time to the victims or their families, and to adopt all necessary measures,
including legal and judicial measures, to put an end to impunity and to prevent the
further occurrence of such executions, as recommended in the Principles on the
Effective Prevention and Investigation of Extralegal, Arbitrary and Summary
Executions; 5
4.
Calls upon all States in which the death penalty has not been abolished to
comply with their obligations under relevant provisions of international human
rights instruments, including in particular articles 6, 7 and 14 of the International
Covenant on Civil and Political Rights2 and articles 37 and 40 of the Convention on
the Rights of the Child, 6 bearing in mind the safeguards and guarantees set out in
Economic and Social Council resolutions 1984/50 of 25 May 1984 and 1989/64 of
24 May 1989;
5.
Urges all States:
(a) To take all necessary and possible measures, in conformity with
international human rights law and international humanitarian law, to prevent loss of
life, in particular that of children, during public demonstrations, internal and
communal violence, civil unrest, public emergencies or armed conflicts, and to
ensure that the police, law enforcement agents, armed forces and other agents acting
on behalf of or with the consent or acquiescence of the State act with restraint and in
conformity with international humanitarian law and international human rights law,
including the principles of proportionality and necessity, and in this regard to ensure
that police and law enforcement officials are guided by the Code of Conduct for
Law Enforcement Officials 7 and the Basic Principles on the Use of Force and
Firearms by Law Enforcement Officials; 8
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5
Economic and Social Council resolution 1989/65, annex.
United Nations, Treaty Series, vol. 1577, No. 27531.
7
Resolution 34/169, annex.
8
See Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders,
Havana, 27 August–7 September 1990: report prepared by the Secretariat (United Nations publication,
Sales No. E.91.IV.2), chap. I, sect. B.
6
2