Principles on the Effective Investigation and Documentation of Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment
48. On 4 December 2000, in its resolution 55/89, the General Assembly recommended
the Principles on the Effective Investigation and Documentation of Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (commonly known as
the Istanbul Principles). The Principles outline the necessary procedures States should
take in order to ensure that complaints and reports of torture or ill-treatment are
promptly and effectively investigated. They detail, among other things, the independence of investigators, the appropriate powers and obligations of the investigative authority, the protection of witnesses and all persons involved in the investigation, the content and scope of written investigative reports, and the role of
medical experts in the examination of alleged victims.
Declaration on the Protection of All Persons from Enforced Disappearance
49. On 18 December 1992, by its resolution 47/133, the General Assembly proclaimed
the Declaration on the Protection of All Persons from Enforced Disappearance. The
Declaration expresses the international community's concern at this atrocious
global phenomenon. The text comprises 21 articles designed to prevent, as crimes
against humanity, acts whereby persons are taken into custody with no trace of their
fate being left behind. It requires the adoption of effective legislative, administrative,
judicial and other measures to prevent and terminate such acts, and specifically
provides for a number of such measures. These measures include attention to
procedural guarantees, accountability, punishment and redress.
Safeguards guaranteeing protection of the rights of those facing the
death penalty
50. The safeguards guaranteeing protection of the rights of those facing the death
penalty were approved by the Economic and Social Council in May 1984. They limit
the types of crimes for which capital punishment may be imposed to the most
serious and prohibit the execution of persons who were minors at the time of
commission of the crime, as well as of pregnant women, new mothers or the
insane. In addition, the safeguards set forth certain procedural guarantees and
require that, where capital punishment does occur, it must be carried out in a manner
which inflicts the minimum possible suffering.
Code of Conduct for Law Enforcement Officials
51. In December 1979, the General Assembly adopted the Code of Conduct for Law
Enforcement Officials. The Code is composed of eight fundamental articles, setting
forth the specific responsibilities of law enforcement officials with regard to service to the community; protection of human rights; use of force; treatment of confidential information; prohibition of torture and cruel, inhuman or degrading treatment or punishment; protection of the health of detainees; corruption; and respect
for the law and the Code itself.
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