A/HRC/RES/37/3
fundamental freedoms, for upholding the rule of law and democracy and ensuring that there
is no discrimination in the administration of justice,
Noting with concern that the lack of and discrimination in access to justice can cause
grave violations of the human rights of those deprived of such access,
1.
the law;
Reaffirms the right of everyone to recognition everywhere as a person before
2.
Notes with concern certain practices that are applied to persons in detention
in violation of human rights and the rule of law, such as detention without a legal basis,
contrary to the principle of habeas corpus, the deprivation of due process of law, of access
to legal counsel and/or of an opportunity to challenge the legality of their detention before a
court that is a part of the general judicial system, and calls upon States to respect judicial
guarantees as provided for in international law, including international human rights law
and humanitarian law, as applicable;
3.
Reiterates that, as provided for in article 14 of the International Covenant on
Civil and Political Rights, every person is entitled, in full equality, to a fair and public
hearing by a competent, independent and impartial tribunal established by law in the
determination of his or her rights and obligations and of any criminal charge against him or
her, and that he or she is entitled to the presumption of innocence until proved guilty
according to law;
4.
Notes that, according to paragraph 5 of the Basic Principles on the
Independence of the Judiciary, everyone has the right to be tried by ordinary courts or
tribunals using established legal procedures, and that tribunals that do not use duly
established procedures of the legal process shall not be created to displace the jurisdiction
belonging to the ordinary courts or judicial tribunals;
5.
Underlines that any court trying a person charged with a criminal offence
should be competent, independent and impartial;
6.
Urges States to guarantee that all persons brought to trial before courts or
tribunals under their authority have the right to be tried in their presence, to defend
themselves in person or through legal assistance of their own choosing and to have all the
guarantees necessary for their legal defence;
7.
Calls upon States to ensure that the principle of equality before the courts and
before the law is respected within their judicial systems by, inter alia, providing to those
being tried the possibility to examine, or to have examined, the witnesses against them and
to obtain the attendance and examination of witnesses on their behalf under the same
conditions as witnesses against them;
8.
Stresses that no one shall be held in secret detention, and urges States
concerned to close down promptly all secret detention facilities under their jurisdiction or
control situated on their territories or abroad, and to ensure that all persons held in detention
under their authority are provided with access to justice by courts and tribunals that are an
integral part of the general judicial system, acting in compliance with international due
process and fair trial standards;
9.
Calls upon States to investigate promptly and impartially all alleged cases of
extraordinary renditions, secret detention, torture and practices tantamount to torture or
other cruel, inhuman or degrading treatment, including under the pretext of countering
terrorism, and to hold accountable everyone implicated, including at the highest level of
authority, in ordering or executing those activities;
10.
Also calls upon States to provide access to an effective remedy to all those
who have been subject to prolonged arbitrary arrest and/or physical and mental suffering
owing to lack of access to the general judicial system;
11.
Reaffirms that every convicted person should have the right to have his or her
conviction and sentence reviewed by a tribunal of competent, independent and impartial
jurisdiction according to law;
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