A/RES/3451(XXX) GA

90 General Aleemhl;r-'lldrtieth SeHion (g) The right to intellectual freedoms, as provided for in article 19 of the International Covenant on Civil and Political Rights, shall be guaranteed; 3. Deplores the refusal of the Chilean authorities to allow the Ad Hoe Working Group to visit the country, notwithstanding previous solemn assurances given by the authorities in this regard, and urges them to honour these assurances; 4. Invites the Commission on Human Rights to ex- tend the mandate of ,the Ad Hoe Working Group, as presently constituted, to enable it to report to the Gen- eral Assembly at its thirty-first session and to the Com- mission on Human Rights at its thirty-third session on the situation of human rights in Chile and, in particu- lar, on any developments which occur to re-establish respect for human rights and fundamental freedoms; 5. Requests the President of the thirtieth session of the General Assembly and the Secretary-General to assist in any way they may deem appropriate in the re-establishment of basic human rights and fundamental freedoms in Chile. 2433rd plenary meeting 9 December 1975 3449 (XXX). Measures to ensure the human righ18 and dignity of all migrant workers The General Assembly, Considering the Convention on Diplomatic Rela- tions24 and ,the Convention on Consular Relations,211 Considering also its resolution 2920 (XXVII) of 15 November 1972 on the exploitation of labour through illicit and clandestine trafficking, Recalling its resolution 3224 (XXIX) of 6 Novem- ber 197 4 on measures to improve the situation of mi- grant workers, Recalling also Economic and Social Council resolu- tion 1749 (LIV) of 16 May 1973, in which the Coun- cil affirmed the need for the United Nations to con- tinue examining the situation of migrant workers, taking into account economic, political, social and cultural factors with respect to human rights and dignity, Noting with satisfaction the awareness of the inter- national community of this problem and the necessity to protect the human rights of migrant workers, Noting with satisfaction the work being undertaken by the specialized agencies in the field of migrant workers, Taking into consideration the urgent need carefully to examine the problem of migrant workers who sur- reptitiously enter another country to obtain work, 1. Calls upon the United Nations organs active in the ,field of human rights to continue devoting their attention to this question; 2. Requests the United Nations organs and the spe- cialized agencies concerned to ut~ in all official documents the term "non-documented or irregular -migrant workers" to define those workers that illegally and/ or surreptitiously enter another country to obtain work; 24 United Nations, Treaty Series, vol. SOO, No. 7310, p. 95. 25 Jbid., vol. ·S96, No. 8638, p. 261. 3. Appeals to the Governments of Member States to remind their competent administrative authorities of their obligation to respect ,the human rights of all migrant workers, including those that are non-docu- mented or irregular; 4. Urges the Governments of Member States to grant all facilities and help to diplomatic and consular agents accredited in their countries so that they can fulfil their functions in relation to the protection and defence of the human rights of migrant workers, in- cluding those that are non-documented or irregular. 2433rd plenary meeting 9 December 197 5 3450 (XXX). Missing persons in Cyprua The General Assembly, Recalling its resolution 3212 (XXIX) of 1 Novem- ber 1974, Noting resolution 4 (XXXI) adopted by the Com- mission on Human Rights on 13 February 1975,26 Gravely concerned about the fate of a considerable number of Cypriots who are missing as a result of armed conflict in Cyprus, Appreciating the work of the Initemational Com- mittee of the Red Cross in this ,field, Reaffirming the basic human need of families in Cyprus to be informed about missing relatives, 1. Requests the Secretary-General to exert every effort, in close co-operation with the · International Committee of the Red Cross, to assist in tracing and accounting for persons missing as a result of armed conflict in Cyprus; 2. Requests the Secretary-General to provide the Commission on Human Rights at its thirty-second session with information relevant to the implementa- tion of the present resolution. 2433rd plenary meeting 9 December 1975 3451 (XXX). Alternative approachea and ways and means within the United Natiom syatem for improving the effective enjoyment of human rights and fundamental freedoms The General Assembly, Recalling its resolutions 3,136 (XXVID) of 14 De- cember 1973 and 3221 (XXIX) of 6 November 1974, Considering that the International Covenant on Eco- nomic, Social and Cultural Rights27 and the Interna- tional Covenant on Civil and Political Rights and the Optional Protocol theret<>27 will soon enter into force, 1. Expresses its appreciation to the Secretary-Gen- eral for his report on alternative approaches and ways and means within the United Nations system for improv- ing the effective enioyment of human rights and funda- mental freedoms;28 2. Urges Member States that have not already done so to submit their views to the Secretary-General in accordance with paragraph 1 of General Assembly reso- lution 3221 (XXIX); 26 See Official Records of the Economic and Social Council, Fifty-eighth ~ession, Supplement No. 4 (B/5635), chap. xxm. 21 Resolution 2200 A (XXI), annex. 28 A/10235. Reeola.tions adopted on the reporte of the Third Committee 91 3. Requests the Secretary-General, in the light of further replies from Member States and non-govern- mental organizations in consultative sitatus with the Economic and Social Council and of the views ex- pressed during the proceedings of_ the thirtieth sess!on of the General Assembly, to submit an updated version of his report to the Assembly at its thirty-second session; 4. Requests the Secretary-General to submit a re- port on the status of the international conventions in the field of human rights for which he acts as de- positary; 5. Decides to consider with high priority at its thirty-second session the question of a1temative ap- proaches and ways_ and _means withi~. the. United Nations system for 1mprovmg the effecttve enJoyment of human rights and fundamental freedoms. 2433rd plenary meeting 9 December 197 5 3452 (XXX). Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment The General Assembly, Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, rec- ognition of the inherent dignity and of the equal ~d inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Considering that these rights derive from the inher- ent dignity of the human person, Considering also the obligation of States under the Charter, in particular Article 55, to promote universal respect for, and observance of, human rights and fundamental freedoms, Having regard to article 5 of the Universal Dec- laration of Human Rights29 and article 7 of the Inter- national Covenant on Civil and Political Rights, 30 both of which provide that no one may be subjected to torture or to cruel, inhuman or degrading treatment or punishment, Adopts the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punish- ment, the text of which is annexed to the present reso- lution, as a guideline for all States and other entities exercising effective power. 2433rd plenary meeting 9 December 1975 ANNEX Declaration on the Protection of All Per11on11 from Being Subjected to Tortu.re and Other Cruel, Inhuman or Degradinc Treatment or Punishment ARTICLE 1 1. For the purpose of this Declaration, torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted by or at the instiption of a public official on a person for such purposes as obta.ining from him or a third person information or confession, punishing 20 Resolution 217 A (III). 80 Resolution 2200 A (XXI), annex. him for an act he has committed or is suspected of having committed, or intimidating him or other persons. It does not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions to the extent consistent . with the Standard Minimum Rules for the Treatment of Prisoners.31 2. Torture constitutes an aggravated and deliberate form of cruel, inhuman or degrading treatment or punishment. ARTICLE 2 Any act of torture or other cruel, inhuman or degrading treatment or punishment is an offence to human dignity and shall be condemned as a denial of the purposes of the Oiarter of the United Nations and as a violation of the human rights and fundamental freedoms proclaimed in the Universal Dec- laration of Human Rights. ARTICLE 3 No State may permit or tolerate torture or other cruel, in- human or degrading treatment or punishment. Exceptional circumstances such as a state of war or a threat of war, inter- nal political instability or any other public emergency may not be invoked as a justification of torture or other cruel, inhuman or degrading treatment or punishment. ARTICLE 4 Each State shall, in accordance with the provisions of this Declaration, take effective measures to prevent torture and other cruel, inhuman or degrading treatment or punishment from being practised within its jurisdiction. ARTICLE 5 The training of law enforcement personnel and of other public officials who may be responsible for persons deprived of therr liberty shall ensure that full account is taken of the prohibition against torture and other cruel, inhuman or de- grading treatment or punishment. This prohibition shall also, where appropriate, be included in such general rules or in- structions as are issued in regard to the duties and functions of anyone who may be involved in the custody or treatment of such persons. ARTICLE 6 Each State shall keep under systematic review interrogation methods and practices as well as arrangements for the custody and treatment of persons deprived of their liberty in its teni- tory, with a view to preventing any cases of torture or other cruel, inhuman or degrading treatment or punishment. ARTICLE 7 Each State shall ensure that a.11 acts of torture as defined in article 1 are offences under its criminal law. The same shall apply in regard to acts which constitute participation in, com- plicity in, incitement to or an attempt to commit torture. ARTICLE 8° Any person who alleges that he has been subjected to torture or other cruel, ,inhuman or degrading treatment or puuiah- ment by or at the instigation of a public official shall have the right to complain to, and to have his c.ase impartially exam- ined by, the competent authorities of the State concerned. ARTICLE 9 Wherever there is reasonable ground to believe that an act of torture as defined in article 1 has been committed, the com- petent authorities of the State concerned shall promptly proc:eed to an impartial investigation even if there has been no formal complaint. ARTICLE 10 If an investigation under artide 8 or article 9 establishes that an act of torture as defined in article 1 appears to have been committed, criminal proceedinss sba1t be instituted qainst the alleged offender or offooders in accordance with national law. If an allegation of other forms of cruel, inhuman or de- grading treatment or punishment is considered to be well founded, the alleged offender or offenders shall be subject to criminal. disciplinary or other appropriate proc:eedin,s. 31 First Uriitc·d N11tions C1>ngrr.rs on tit• PHw,efiolt of Crlltw e1n,I tlie Trratmrnt of 06rndrrs: rrporl 61 tit• ~ (United Nl\tions publication, Sales No. J956JV.4), annex I.A.

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