Mandate of Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions

A/HRC/RES/53/4View PDF

Who created this mandate?

A Resolution of the Human Rights Council, under agenda item 3Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, published in 2023.

What subjects does this mandate have?

5 topics

Crime Prevention Extralegal Executions Right to Life Special Rapporteurs Summary Executions

What does this mandate say?

21 operative paragraphs

Strongly condemns once again all extrajudicial, summary or arbitrary executions, in all their forms, that continue to take place throughout the world;

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;

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 prevent, combat and eliminate the phenomenon in all its forms;

Reiterates the obligation of all States to conduct prompt, effective, thorough, independent, impartial and transparent investigations into all suspected cases of extrajudicial, summary or arbitrary executions, exercising due diligence, in line with international standards and forensic best practices, and in this regard takes note of the Revised United Nations Manual on the Effective Prevention and Investigation of Extralegal, Arbitrary and Summary 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, effective and prompt remedies, including reparation to 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;

Welcomes the work of the Special Rapporteur on extrajudicial, summary or arbitrary executions, and takes note with appreciation of the thematic reports presented by the mandate holder to the Human Rights Council on medico-legal death investigations and deaths in prisons, and invites States to give due consideration to the conclusions and recommendations given therein;

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 mandate holder’s reports, and to identify, exchange and promote best practices and offer advice on measures to prevent and investigate extrajudicial, summary and arbitrary executions;

Requests the Special Rapporteur, in carrying out the mandate:

To continue to examine situations of extrajudicial, summary or arbitrary executions in all circumstances and for whatever reason, and to submit the 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 situations of extrajudicial, summary or arbitrary executions that warrant immediate attention or where early action might prevent further deterioration;

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;

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;

To enhance further the dialogue with Governments, and to follow up on recommendations made in reports after visits to particular countries;

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;

To apply a gender perspective;

Urges States:

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;

To give serious consideration to responding favourably to the Special Rapporteur’s requests to visit their countries;

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;

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;

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;

Decides to extend the mandate of Special Rapporteur on extrajudicial, summary or arbitrary executions for three years;

Also decides to continue to consider this matter in conformity with its programme of work.

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Who created this mandate?

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