Extrajudicial, summary or arbitrary executions
A/RES/71/198
3.
Reiterates that all States must conduct prompt, exhaustive and impartial
investigations 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 necessary measures, including legal and
judicial measures, also bearing in mind gender equality in access to justice, to put an
end to impunity 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
national-level commissions of inquiry into extrajudicial, summary or arbitrary
executions, with a view to ensuring the effective contribu tion of these commissions
to accountability and to combating impunity;
5.
Calls upon all States, in order to prevent extrajudicial, summary 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
extrajudicial, summary or arbitrary executions in his reports to the Council and the
General Assembly, including the report submitted to the Assembly at its sixtyseventh session, 12 regarding the need to respect all safeguards and restrictions,
including limitation to the most serious crimes, stringent respect of due process and
fair trial safeguards and the right to seek pardon or commutation of sentence;
6.
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 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 regard to ensure that police
and law enforcement officials are guided by the Code of Conduct for Law
Enforcement Officials 13 and the Basic Principles on the Use of Force and Firearms
by Law Enforcement Officials; 14
_______________
10
Economic and Social Council resolution 1989/65, annex.
United Nations, Treaty Series, vol. 1577, No. 27531.
12
A/67/275.
13
Resolution 34/169, annex.
14
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.
11
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