| BM İnsan Hakları
Komisyonunun 2000 yılına ait L.41
ve L44 sayılı rezolusyon kararlarının İngilizce tam metni
Distr.
GENéERAL
E/CN.4/2000/L.41
13 April 2000
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Fifty-sixth session
Agenda item 11
CIVIL AND POLITICAL RIGHTS
Belarus*, Canada, Denmark*, Finland*, Greece*, Iceland*, Italy, Norway*,
Portugal*, Slovakia*, Spain, Sweden* and United Kingdom of Great Britain
and Northern Ireland: draft resolution
2000/... Human rights and forensic science
The Commission on Human Rights,
Recalling its resolutions 1993/33 of 5 March 1993,
1994/31 of 4 March 1994, 1996/31 of 19 April 1996 and 1998/36 of 17 April 1998,
Recalling also the Principles on the Effective Prevention
and Investigation of Extralegal, Arbitrary and Summary Executions adopted by the Economic
and Social Council in its resolution 1989/65 of 24 May 1989,
Welcoming the report of the Office of the United Nations
High Commissioner for Human Rights on human rights and forensic science (E/CN.4/2000/57),
submitted pursuant to Commission resolution 1998/36,
Recognizing that forensic science is an important tool in
detecting evidence of torture and other cruel, inhuman or degrading treatment or
punishment and extrajudicial, summary or arbitrary executions,
Noting that the practice of forensic science includes
examinations of both dead and living persons, and also includes identification procedures,
Noting also that, in many of the countries concerned,
sufficient expertise is not available in forensic science and related fields to
investigate human rights violations effectively,
Noting the need of Governments, intergovernmental
organizations and non-governmental organizations for forensic scientific expertise in
investigating deaths and clarifying disappearances,
Aware that several special rapporteurs have used or
referred to the need for the assistance of experts in various forensic disciplines in the
context of the implementation of their mandates,
1. Welcomes the increased use of forensic science
investigations in situations where grave violations of human rights and international
humanitarian law have occurred, and encourages further coordination concerning, inter
alia, the planning and realization of such investigations among Governments,
intergovernmental organizations and non-governmental organizations;
2. Notes the progress made by the Office of the High
Commissioner in the use of forensic experts, including the revised Cooperation Service
Agreement regulating the use of forensic experts provided either by a Member State or by a
non-governmental organization;
3. Recommends that the Secretary-General, with a view to
promoting quality and consistency, establish procedures to evaluate the use of forensic
expertise and the results of those efforts;
4. Again invites the Office of the High Commissioner and
the Crime Prevention and Criminal Justice Division of the Secretariat to consider revising
the Manual on the Effective Prevention and Investigation of Extralegal, Arbitrary and
Summary Executions, in which standard procedures for adequate post-mortem examinations
(autopsies or partial autopsies) are described;
5. Recommends that the Office of the High Commissioner
encourage forensic experts to coordinate further and produce additional manuals concerned
with examinations of living persons, and welcomes the initiative by the Office of the High
Commissioner to publish the "Manual on the Effective Investigation and Documentation
of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment" in its
Professional Training Series;
6. Requests the Office of the High Commissioner to
consult with Governments, relevant United Nations bodies and professional organizations of
forensic and related experts as mentioned in the reports of the Secretary-General and the
Office of the High Commissioner, of which the latest is contained in document
E/CN.4/2000/57 of 15 December 1999, with a view to updating the list of experts with
biographical data, including professional qualifications, current employment, contact
address, gender (the nomination of female experts is encouraged), indications of
availability, and the kind of assistance they could provide;
7. Recommends that the Office of the High Commissioner
encourage, as appropriate, the dissemination and use of the manuals referred to in the
present resolution and the setting up of courses aimed at providing training in forensic
activities relating to victims of human rights violations, particularly in countries
without sufficient expertise in forensic science and related fields, for example through
the training of local teams;
8. Requests the Office of the High Commissioner to report
to the Commission at its fifty-eighth session on progress made in this matter;
9. Requests the Secretary-General to provide appropriate
resources, from within existing overall United Nations resources, to fund the activities
of the Office of the High Commissioner in implementing the present resolution;
10. Decides to consider this question at its fifty-eighth
session under the same agenda item.
_________
* In accordance with rule 69, paragraph 3, of the rules of procedure of the functional
commissions of the Economic and Social Council.
Distr.
GENERAL
E/CN.4/2000/L.44
13 April 2000
Original:
ENGLISH
COMMISSION ON HUMAN RIGHTS
Fifty-sixth session
Agenda item 11 (a)
CIVIL AND POLITICAL RIGHTS,
INCLUDING THE
QUESTION OF TORTURE AND DETENTION
Albania*, Argentina, Austria*, Belarus*, Belgium*, Brazil, Bulgaria*, Cameroon*,
Canada, Chile, Colombia, Costa Rica*, Croatia*, Cyprus*, Czech Republic,
Denmark*, Dominican Republic*, Ecuador, El Salvador, Finland*, France,
Georgia*, Germany, Greece*, Guatemala, Honduras*, Hungary*, Ireland*,
Italy, Latvia, Liechtenstein*, Luxembourg, Mexico, Nepal, Netherlands*,
Norway, Paraguay*, Peru, Poland, Portugal, Romania, Senegal, Slovakia*,
Slovenia*, South Africa*, Spain, Sweden*, Switzerland*, the former
Yugoslav Republic of Macedonia*, Ukraine*, United Kingdom of
Great Britain and Northern Ireland, United States of America, Uruguay*
and Venezuela: draft resolution
2000/... Draft optional protocol to the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment
or Punishment
The Commission on Human Rights,
Recalling its resolution 1992/43 of 3 March 1992, in
which it established an open-ended working group to elaborate a draft optional protocol to
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, using as a basis for its discussions the draft text proposed by the Government
of Costa Rica at the forty-seventh session of the Commission (E/CN.4/1991/66), and decided
to consider the question at its forty-ninth session,
Recalling also the subsequent resolutions on the subject
and in particular decision 1999/237 of 27 July 1999 of the Economic and Social Council, in
which the Council authorized the working group to meet in order to continue its work,
Recalling further that the World Conference on Human
Rights firmly declared that efforts to eradicate torture should, first and foremost, be
concentrated on prevention and called for the early adoption of an optional protocol to
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, which is intended to establish a preventive system of regular visits to places
of detention,
1. Takes note of the report of the working group on the
draft optional protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (E/CN.4/2000/58);
2. Requests the working group, in order to continue its
work, to meet prior to the fifty-seventh session of the Commission for a period of two
weeks, with a view to completing expeditiously a final and substantive text, and to report
to the Commission at its fifty-seventh session;
3. Requests the Secretary-General to transmit the report
of the working group to all Governments, the specialized agencies, the chairpersons of the
human rights treaty bodies and intergovernmental and non-governmental organizations , and
to invite them to submit their comments to the working group;
4. Also requests the Secretary-General to invite
Governments, the specialized agencies and relevant intergovernmental and non-governmental
organizations , as well as the Chairperson of the Committee against Torture and the
Special Rapporteur on the question of torture, to participate if needed in the activities
of the working group;
5. Further requests the Secretary-General to extend all
necessary facilities to the working group for its meeting prior to the fifty-seventh
session of the Commission;
6. Encourages the Chairman-Rapporteur of the working
group to conduct informal inter-sessional consultations with all interested parties in
order to facilitate the completion of a consolidated text;
7. Decides to examine the report of the working group at
its fifty-seventh session under the same sub-item;
8. Recommends the following draft decision to the
Economic and Social Council for adoption:
"The Economic and Social Council, taking note of Commission
on Human Rights resolution 2000/... of April 2000:
(a) Authorizes the open-ended working group of the Commission on
Human Rights to meet for a period of two weeks, prior to the fifty-seventh session of the
Commission, in order to continue or conclude the elaboration of a draft optional protocol
to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment;
(b) Encourages the Chairman-Rapporteur of the working group to
conduct informal inter-sessional consultations with all interested parties in order to
facilitate the completion of a consolidated text."
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* In accordance with rule 69, paragraph 3, of the rules of
procedure of the functional commissions of the Economic and Social Council |
