RES/8/3 Mandate of the Special Rapporteur on extrajudicial, summary or arbitrary executions

Human Rights Council

Resolution 8/3. 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 Council resolutions 5/1 on institution-building of the Human Rights

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 and Commission on Human Rights

resolutions on extrajudicial, summary or arbitrary executions, in particular Commission

resolution 2004/37 of 19 April 2004 and Assembly resolution 61/173 of 19 December

2006,

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 to eliminate the

abhorrent practice of extrajudicial, summary or arbitrary executions, which represents 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

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 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

Extra-legal, Arbitrary and Summary Executions;

5. Takes note of the report of the Special Rapporteur on extrajudicial,

summary or arbitrary executions (A/HRC/8/3), as well as the recommendations made in

previous years, and invites States to give them due consideration;

6. Commends the important role the Special Rapporteur on extrajudicial,

summary or arbitrary executions plays towards eliminating extrajudicial, summary or

arbitrary executions and encourages the Special Rapporteur to continue, within the

framework of his or her 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 his or her 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 Council and

the General Assembly, and to draw the attention of the Council to serious 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 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 which 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, as well as to

follow up on recommendations made in reports after visits to particular countries;

(e) To continue monitoring 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, as well as 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 task, 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 answer 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. 28th meeting 18 June 2008

[Adopted without a vote.]