United Nations
General Assembly
A/RES/61/153
Distr.: General
14 February 2007
Sixty-first session
Agenda item 67 (a)
Resolution adopted by the General Assembly on 19 December 2006
[on the report of the Third Committee (A/61/443/Add.1 and Corr.1)]
61/153. Torture and other cruel, inhuman or degrading treatment
or punishment
The General Assembly,
Reaffirming that no one shall be subjected to torture or to other cruel, inhuman
or degrading treatment or punishment,
Recalling that freedom from torture and other cruel, inhuman or degrading
treatment or punishment is a non-derogable right that must be protected under all
circumstances, including in times of international or internal armed conflict or
disturbance, and that the absolute prohibition of torture and other cruel, inhuman or
degrading treatment or punishment is affirmed in relevant international instruments,
Recalling also that a number of international, regional and domestic courts,
including 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, have recognized that the prohibition of torture is
a peremptory norm of international law and have held that the prohibition of cruel,
inhuman or degrading treatment or punishment is customary international law,
Recalling further the definition of torture contained in article 1 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, 1
Noting that under the Geneva Conventions of 1949 2 torture and inhuman
treatment are a grave breach and that under the statutes of the International Tribunal
for the Former Yugoslavia and 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 constitute
war crimes and can constitute crimes against humanity,
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1
United Nations, Treaty Series, vol. 1465, No. 24841.
Ibid., vol. 75, Nos. 970–973.
3
Ibid., vol. 2187, No. 38544.
2
06-50361