Torture and other cruel, inhuman or degrading treatment
or punishment
A/RES/77/209
legislation which contains or may contain provisions of wider application, and
emphasizing the importance of properly interpreting and implementing the
obligations of States with respect to torture and other cruel, inhuman or degrading
treatment or punishment,
Recognizing that States must protect the rights of those facing criminal
sentences, including the death penalty and life imprisonment without the possibility
of parole, and of other affected persons in accordance with their internati onal
obligations,
Noting that, under the Geneva Conventions of 1949, 2 torture or inhuman
treatment are a grave breach and that, under the statute of the International Tribunal
for the Prosecution of Persons Responsible for Serious Violations of Internati onal
Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991,
the statute of the International Criminal Tribunal for the Prosecution of Persons
Responsible for Genocide and Other Serious Violations of International Humanitarian
Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for
Genocide and Other Such Violations Committed in the Territory of Neighbouring
States between 1 January and 31 December 1994 and the Rome Statute of the
International Criminal Court, 3 acts of torture can constitute crimes against humanity
and, when committed in a situation of armed conflict, constitute war crimes,
Recognizing the importance of the implementation of the International
Convention for the Protection of All Persons from Enforced Disappearance, 4 which
makes a significant contribution to the prevention and prohibition of torture,
including by prohibiting secret places of detention and by ensuring legal and
procedural safeguards for persons deprived of their liberty, and encouraging all States
that have not done so to consider signing, ratifying or acceding to the Convention,
Recognizing also that the prevalence of corruption, including in law
enforcement and justice systems, can have a negative impact on the fight against
torture and other cruel, inhuman or degrading treatment or punishment, including by
eroding fundamental safeguards and preventing victims of torture and other cruel,
inhuman or degrading treatment or punishment from effectively seeking justice,
redress and compensation through the justice system,
Recognizing further that police and other law enforcement officials play a vital
role in the protection of the right to life, liberty and security of persons, and in serving
the community and protecting all persons against acts of torture and other cruel,
inhuman or degrading treatment or punishment, and that, in the performance of their
duties, law enforcement officials are obligated to respect and protect the human rights
of all persons, and in this regard, recognizing the importance of promptly and
impartially investigating as well as employing non-coercive interviewing techniques
and implementing associated legal safeguards to prevent torture and to effectively
obtain accurate and reliable information,
Recognizing that the effective implementation of the absolute prohibition of
torture and other cruel, inhuman or degrading treatment or punishment promotes, inter
alia, peaceful and inclusive societies for sustainable development, contributes to
access to justice for all, builds effective, accountable and inclusive institutions at all
levels and contributes to achieving the Sustainable Development Goals, 5
Commending the persistent efforts of civil society organizations, including
non-governmental organizations, as well as national human rights institutions and
__________________
2
3
4
5
2/10
Ibid., vol. 75, Nos. 970–973.
Ibid., vol. 2187, No. 38544.
Ibid., vol. 2716, No. 48088.
See resolution 70/1.
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