Extrajudicial, summary or arbitrary executions
A/RES/73/172
2.
Demands that all States ensure that the practice of extrajudicial, summary
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 and manifestations;
3.
Reiterates that all States must conduct prompt, exhaustive and impartial
investigations, exercising due diligence, into all suspected cases of extrajudicial,
summary or arbitrary executions, identify and bring to justice those responsible, while
ensuring the right of every person to a fair hearing by a competent, independent and
impartial tribunal established by law, grant adequate compensation within a
reasonable time to the victims or their families and adopt all measures, including legal
and judicial measures, also bearing in mind gender equality in access to justice,
necessary to put an end to impunity, particularly with regard to the gender-related
killing of women and girls, also known as fe micide, and extrajudicial, summary or
arbitrary executions of refugees and migrants and humanitarian workers, and prevent
the further occurrence of such executions, as recommended in the Principles on the
Effective Prevention and Investigation of Extralegal, Arbitrary and Summary
Executions, 10 fully consistent with their obligations under international law;
4.
Calls upon Governments, and invites intergovernmental and
non-governmental organizations, to pay greater attention to the work of nation al-level
commissions of inquiry into extrajudicial, summary or arbitrary executions, with a
view to ensuring the effective contribution of these commissions to accountability
and to combating impunity;
5.
Calls upon all States, in order to prevent extrajudicial, summa ry or
arbitrary executions, to comply with their obligations under the relevant provisions
of international human rights instruments, and also calls upon States which retain the
death penalty to pay particular regard to the provisions contained in articles 6, 14
and 15 of the International Covenant on Civil and Political Rights 2 and articles 37
and 40 of the Convention on the Rights of the Child, 11 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 and taking into account the recommendations of
the Special Rapporteur of the Human Rights Council on extrajudi cial, summary or
arbitrary executions in reports to the Council and the General Assembly, including
the report submitted to the Assembly at its sixty-seventh session, 12 regarding the need
to respect all safeguards and restrictions, including limitation to t he most serious
crimes, stringent respect of due process and fair trial safeguards and the right to seek
pardon or commutation of sentence;
6.
Emphasizes that to prevent extrajudicial, summary or arbitrary executions
States should take necessary steps to adopt such laws or other measures as may be
necessary to give effect to the right to life in accordance with international law and
that everyone has the right to recognition everywhere as a person before the law;
7.
Urges all States:
(a) To take all measures required by international human rights law and
international humanitarian law to prevent loss of life, in particular that of children,
during detention, arrest, 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, including private security providers, act with
restraint and in conformity with international human rights law and international
humanitarian law, including the principles of proportionality and necessity, and in this
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18-22268
Economic and Social Council resolution 1989/65, annex.
United Nations, Treaty Series, vol. 1577, No. 27531.
A/67/275.
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