A/HRC/RES/37/3
12.
Calls upon States that have military courts or special tribunals for trying
criminal offenders to ensure that such bodies are an integral part of the general judicial
system, operate in accordance with applicable fair trial guarantees, and apply procedures
that are recognized according to international law as guarantees of a fair trial, including the
right to appeal a conviction and a sentence;
13.
Stresses the importance of developing cooperation between national judicial
systems with a view to, inter alia, strengthening the protection of persons deprived of their
liberty;
14.
Also stresses that independent and effective national human rights institutions
can and should play a role in strengthening the rule of law and in supporting the
independence and integrity of the judicial system;
15.
Requests the United Nations High Commissioner for Human Rights, in
consultation with States, relevant United Nations agencies, special procedures, treaty
bodies, non-governmental organizations and other relevant stakeholders, to prepare and
submit to the Human Rights Council at its forty-third session a comprehensive study on the
implications of the lack of integrity of the judicial system for human rights, in particular for
persons kept in detention facilities outside the territory of States;
16.
Invites the Special Rapporteur on the independence of judges and lawyers,
the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment, the Special Rapporteur on the promotion and protection of human rights and
fundamental freedoms while countering terrorism, the Special Rapporteur on the promotion
of truth, justice, reparation and guarantees of non-recurrence, the Working Group on
Arbitrary Detention and the Working Group on Enforced or Involuntary Disappearances to
take full account of the present resolution in the discharge of their mandates;
17.
Decides to continue consideration of this issue in accordance with its annual
programme of work.
53rd meeting
22 March 2018
[Adopted by a recorded vote of 23 to 2, with 22 abstentions. The voting was as follows:
In favour:
Angola, Brazil, Burundi, Chile, China, Côte d’Ivoire, Cuba, Ecuador, Egypt,
Ethiopia, Kenya, Kyrgyzstan, Mexico, Nepal, Pakistan, Panama, Peru,
Philippines, Rwanda, South Africa, Tunisia, United Arab Emirates,
Venezuela (Bolivarian Republic of)
Against:
Georgia, United States of America
Abstaining:
Afghanistan, Australia, Belgium, Croatia, Democratic Republic of the
Congo, Germany, Hungary, Iraq, Japan, Mongolia, Nigeria, Qatar, Republic
of Korea, Saudi Arabia, Senegal, Slovakia, Slovenia, Spain, Switzerland,
Togo, Ukraine, United Kingdom of Great Britain and Northern Ireland]
3