Torture and other cruel, inhuman or
degrading treatment or punishment
A/RES/74/143
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 international
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 International
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 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
national preventive mechanisms, and the considerable network of centres for the
rehabilitation of victims of torture, to prevent and combat torture and to alleviate the
suffering of victims of torture,
Deeply concerned about all acts which can amount to torture and other cruel,
inhuman or degrading treatment or punishment committed against persons exercising
their rights of peaceful assembly and freedom of expression in all regions of the
world,
__________________
2
3
4
5
2/9
Ibid., vol. 75, Nos. 970–973.
Ibid., vol. 2187, No. 38544.
Ibid., vol. 2716, No. 48088.
See resolution 70/1.
19-22243