Human rights in the administration of justice
A/RES/79/172
13. Calls upon States to apply individual criminal responsibility and to refrain
from detaining persons based solely on their family ties with an alleged offender;
14. Also calls upon States to ensure that anyone who is deprived of liberty
through arrest or detention has prompt access to a competent court with the effective
power to determine the lawfulness of the detention and to order release if the detention
or imprisonment is determined not to be lawful and prompt access to legal counsel,
which could include legal aid schemes, in accordance with their international
obligations and commitments;
15. Calls upon all States to consider establishing, maintaining or enhancing
independent national mechanisms with the mandate to monitor all places of detention,
including by making unannounced visits, and to hold private interviews without
witnesses with all persons deprived of liberty, inter alia, in line with the United
Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela
Rules); 28
16. Emphasizes the importance of States’ keeping under systematic review
rules, instructions, methods and practices on interviewing, as well as arrangements
for the custody and treatment of persons subjected to any form of arrest, detention or
imprisonment under their jurisdiction, including by taking into account, as
appropriate, the Principles on Effective Interviewing for Investigations and
Information-Gathering (the Méndez Principles);
17. Calls upon States to ensure a proper file and data management system on
prisoners that allows the tracking of the number of persons deprived of their liberty,
their detention period, offences or grounds for detention, and developments regarding
the prison population, and encourages States to collect other up-to-date,
comprehensive and disaggregated data, including on women’s and children’s needs
and challenges in accessing justice, that allow for the identification and prevention of
discrimination in the administration of justice and overincarceration;
18. Affirms that States must ensure that any measure taken to combat
terrorism, including in the administration of justice, complies with their obligations
under international law, in particular international human rights, refugee and
humanitarian law;
19. Recalls the absolute prohibition of torture in international law, and calls
upon States to address and prevent the detention conditions, treatment and
punishment of persons deprived of their liberty, including in police custody, that
amount to cruel, inhuman or degrading treatment or punishment;
20. Calls upon States to investigate promptly, effectively and impartially all
alleged human rights violations suffered by persons deprived of their liberty, in
particular cases involving death, torture and cruel, inhuman or degrading treatment
or punishment, to provide effective remedy to the victims, in accordance with their
international obligations and commitments, and to ensure that detention
administrations fully cooperate with the investigating authority and preserve all
evidence;
21. Urges States to endeavour to reduce, where appropriate, pretrial detention,
which should be a measure of last resort and for as short a period as possible, inter
alia, by adopting legislative and administrative measures and policies on its
preconditions, limitations, duration and alternatives and by taking measures aimed at
the implementation of existing legislation, as well as by ensuring access to justice and
legal advice and assistance, which could include legal aid schemes, while recognizing
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Resolution 70/175, annex.
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