RES/35/15 Mandate of the Special Rapporteur on extrajudicial, summary or arbitrary executions

GE.17-11572(E)



Human Rights Council Thirty-fifth session

6–23 June 2017

Agenda item 3

Resolution adopted by the Human Rights Council on 22 June 2017

35/15. Mandate of the Special Rapporteur on extrajudicial, summary

or arbitrary executions

The Human Rights Council,

Recalling the Universal Declaration of Human Rights, which guarantees the right to

life, liberty and security of person, and the relevant provisions of the International Covenant

on Civil and Political Rights,

Having regard to the legal framework of the mandate of the Special Rapporteur on

extrajudicial, summary or arbitrary executions, including the provisions contained in

Commission on Human Rights resolution 1992/72 of 5 March 1992 and General Assembly

resolution 47/136 of 18 December 1992,

Welcoming the universal ratification of the Geneva Conventions of 12 August 1949,

which alongside human rights law provide an important framework of accountability in

relation to extrajudicial, summary or arbitrary executions,

Bearing in mind paragraph 6 of General Assembly resolution 60/251 of 15 March

2006,

Recalling Human Rights Council resolutions 5/1, on institution-building of the

Council, and 5/2, on the Code of Conduct for Special Procedures Mandate Holders of the

Council, of 18 June 2007, and stressing that the mandate holder shall discharge his or her

duties in accordance with those resolutions and the annexes thereto,

Mindful of all relevant General Assembly, Human Rights Council and Commission

on Human Rights resolutions on extrajudicial, summary or arbitrary executions, in

particular Commission resolution 2004/37 of 19 April 2004, Council resolutions 8/3 of 18

June 2008, 17/5 of 16 June 2011 and 26/12 of 26 June 2014 and Assembly resolutions

61/173 of 19 December 2006, 65/208 of 21 December 2010, 67/168 of 20 December 2012,

69/182 of 18 December 2014 and 71/198 of 19 December 2016,

Acknowledging that extrajudicial, summary or arbitrary executions are crimes under

the Rome Statute of the International Criminal Court,

Convinced of the need for effective action to combat and eliminate the abhorrent

practice of extrajudicial, summary or arbitrary executions, which represent a flagrant

violation of the inherent right to life,

Dismayed that, in a number of countries, impunity, the negation of justice, continues

to prevail and often remains the main cause of the continued occurrence of extrajudicial,

summary or arbitrary executions,

1. Strongly condemns once again all extrajudicial, summary or arbitrary

executions, in all their forms, that continue to take place throughout the world;

2. Acknowledges the importance of relevant special procedures of the Human

Rights Council, in particular the Special Rapporteur on extrajudicial, summary or arbitrary

executions, in their key role as early warning mechanisms in preventing the crime of

genocide, crimes against humanity and war crimes, and encourages the relevant special

procedures, within their mandates, to cooperate towards this end;

3. Demands that all States ensure that the practice of extrajudicial, summary or

arbitrary executions is brought to an end and that they take effective action to combat and

eliminate the phenomenon in all its forms;

4. Reiterates the obligation of all States to conduct exhaustive and impartial

investigations into all suspected cases of extrajudicial, summary or arbitrary executions, to

identify and to bring to justice those responsible, while ensuring the right of every person to

a fair and public hearing by a competent, independent and impartial tribunal established by

law, to grant adequate compensation within a reasonable time to the victims or their

families and to adopt all necessary measures, including legal and judicial measures, in order

to bring an end to impunity and to prevent the recurrence of such executions, as stated in

the Principles on the Effective Prevention and Investigation of Extralegal, Arbitrary and

Summary Executions;

5. Welcomes the work of the Special Rapporteur on extrajudicial, summary or

arbitrary executions, and notes with appreciation the thematic reports presented to the

Human Rights Council during the mandate on the use of information and communications

technologies to secure the right to life,1 on the right to life and the use of force by private

security providers in law enforcement contexts2 and on a gender-sensitive approach to

arbitrary killings,3 and invites States to give due consideration to the conclusions and

recommendations given therein;

6. Commends the important role that the Special Rapporteur plays towards

eliminating extrajudicial, summary or arbitrary executions, and encourages the Special

Rapporteur to continue, within the framework of the mandate, to collect information from

all concerned, to respond effectively to information that comes before him or her, to follow

up on communications and country visits and to seek the views and comments of

Governments and to reflect them, as appropriate, in the elaboration of his or her reports;

7. Requests the Special Rapporteur, in carrying out the mandate:

(a) To continue to examine situations of extrajudicial, summary or arbitrary

executions in all circumstances and for whatever reason, and to submit his or her findings

on an annual basis, together with conclusions and recommendations, to the Human Rights

Council and the General Assembly, and to draw the attention of the Council to serious

1 A/HRC/29/37.

2 A/HRC/32/39.

3 A/HRC/35/23.

situations of extrajudicial, summary or arbitrary executions that warrant immediate

attention or where early action might prevent further deterioration;

(b) To continue to draw the attention of the United Nations High Commissioner

for Human Rights to serious situations of extrajudicial, summary or arbitrary executions

that warrant immediate attention or where early action might prevent further deterioration;

(c) To respond effectively to information that comes before him or her, in

particular when an extrajudicial, summary or arbitrary execution is imminent or threatened

or when such an execution has occurred;

(d) To enhance further his or her dialogue with Governments, and to follow up

on recommendations made in reports after visits to particular countries;

(e) To continue to monitor the implementation of existing international standards

on safeguards and restrictions relating to the imposition of capital punishment, bearing in

mind the comments made by the Human Rights Committee in its interpretation of article 6

of the International Covenant on Civil and Political Rights, and the Second Optional

Protocol thereto;

(f) To apply a gender perspective in his or her work;

8. Urges States:

(a) To cooperate with and assist the Special Rapporteur in the performance of his

or her tasks, to supply all necessary information requested by him or her and to react

appropriately and expeditiously to his or her urgent appeals, and those Governments that

have not yet responded to communications transmitted to them by the Special Rapporteur to

do so without further delay;

(b) To give serious consideration to responding favourably to the Special

Rapporteur’s requests to visit their countries;

(c) To ensure appropriate follow-up to the recommendations and conclusions of

the Special Rapporteur, including by providing information to the Special Rapporteur on

the actions taken on those recommendations;

9. Welcomes the cooperation established between the Special Rapporteur and

other United Nations mechanisms and procedures in the field of human rights, and

encourages the Special Rapporteur to continue efforts in that regard;

10. Requests the Secretary-General to provide the Special Rapporteur with

adequate human, financial and material resources in order to enable him or her to carry out

the mandate effectively, including through country visits;

11. Decides to extend the mandate of the Special Rapporteur on extrajudicial,

summary or arbitrary executions for three years;

12. Also decides to continue to consider this matter in conformity with its

programme of work.

35th meeting

22 June 2017

[Adopted without a vote.]