A/RES/41/158 GA
Question of human rights and fundamental freedoms in Afghanistan : resolution / adopted by the General Assembly
41
Session
89
Yes
24
No
36
Abstentions
| Draft symbol | A/RES/41/158 |
|---|---|
| Adopted symbol | A/RES/41/158 |
| Category | ORGANIZATIONAL QUESTIONS |
| Voeten Topics ⓘ | |
| Significance | ★ Important vote US State Dept designation |
| P5 Positions |
|
| UN Document | A/RES/41/158 ↗ |
Vote Recorded Vote — A/41/PV.97
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Bahamas
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Bhutan
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Plurinational State of Bolivia
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Myanmar
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Burundi
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Cameroon
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Cabo Verde
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Central African Republic
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Comoros
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Congo
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Cyprus
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Ecuador
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Equatorial Guinea
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Finland
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Guinea-Bissau
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Guyana
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Iraq
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Kuwait
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Lebanon
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Lesotho
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Liberia
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Maldives
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Mali
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Malta
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Mauritania
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Nepal
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Nigeria
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Sri Lanka
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Suriname
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Trinidad and Tobago
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Uganda
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United Republic of Tanzania
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Yugoslavia
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Democratic Republic of the Congo
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Zambia
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Zimbabwe
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Albania ⚠
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Antigua and Barbuda
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Argentina
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Australia
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Austria
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Bahrain
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Bangladesh
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Barbados
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Belgium
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Belize
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Botswana
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Brazil
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Brunei Darussalam
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Canada
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Chad
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Chile
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China
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Colombia
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Costa Rica
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Côte d'Ivoire
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Cambodia
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Denmark
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Djibouti
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Dominican Republic
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Egypt
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El Salvador
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Fiji
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France
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Gabon
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Gambia
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Germany
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Ghana
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Greece
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Grenada
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Guatemala
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Guinea
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Haiti
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Honduras
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Iceland
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Ireland
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Israel
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Italy
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Jamaica
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Japan
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Jordan
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Kenya
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Luxembourg
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Malawi
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Malaysia
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Mauritius
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Mexico
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Morocco
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Netherlands
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New Zealand
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Niger
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Norway
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Oman
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Pakistan
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Panama
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Papua New Guinea
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Paraguay
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Peru
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Philippines
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Portugal
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Qatar
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Rwanda
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Saint Kitts and Nevis
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Saint Lucia
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Saint Vincent and the Grenadines
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Samoa
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Saudi Arabia
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Senegal
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Sierra Leone
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Singapore
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Solomon Islands
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Somalia
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Spain
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Sudan
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Eswatini
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Sweden
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Thailand
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Togo
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Tunisia
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Türkiye
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United Arab Emirates
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United Kingdom of Great Britain and Northern Ireland
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United States of America
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Uruguay
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Bolivarian Republic of Venezuela
Full text of resolution
206
General Assembly-Forty-first Session
the armed conflict and contribute to widening and
strengthening the democratic system based on the full ex-
ercise by all Salvadorians of their civil and political rights
and economic, social and cultural rights;
8.
Reiterates its appeal to the Government of El Salva-
dor and to the opposing forces to co-operate fully with the
humanitarian organizations dedicated to alleviating the
suffering ofthe civilian population, wherever these organi-
zations operate in the country, and to permit the Intema-
tional Committee ofthe Red Cross to continue to evacuate
those wounded and maimed by war to where they can re-
ceive needed medical attention;
9.
Requests ali States to collaborate, as muchas possi-
ble, in the reception of refugees and to support the autono-
mous organizations dealing with displaced persons within
El Salvador, and requests the Govemment ofthat country
to grant facilities to Salvadorians wishing to return to their
homes;
10.
Deplores the fact that the capacity of the judicial
system in El Salvador to investigate, prosecute and punish
violations of human rights continues to be patently un-
satisfactory and therefore urges the competent authorities
to deepen the process ofreform ofthe Salvadorianjudicial
system, in order to punish speedily and effectively those
responsible for the serious human rights violations which
have been committed and are still being committed in that
country;
l l.
Calls upon the competent authorities in El Salva-
dor to make the national legislation compatible with the
provisions contained in the intemational instruments on
human rights binding on the Government ofthat country;
12.
Recommends the continuation and broadening of
the reforms necessary in El Salvador, including the effec-
tive implementation of agrarian reform, in arder to con-
tribute to a solution of the economic and social problems
which constitute the roots of the intemal conflict in that
country;
l 3.
Renews its appeal to the Govemment of El Salva-
dor, as well as to other parties concerned, to continue to
co-operate with the Special Representative of the Com-
mission on Human Rights and requests the competent
hodies of the United Nations system to provide any ad vice
md assistance which the Govemment ofEl Salvador may
, ... quire to achieve the highest levels in the promotion and
• •rotection of human rights and fundamental freedoms;
14.
Decides to keep under consideration, during its
forty-second session, the situation of human rights and
fundamental freedoms in El Salvador, in order to examine
this situation anew in the light of additional elements pro-
vided by the Commission on Human Rights and the Eco-
nomic and Social Council, in the hope that there will be
improvement.
97th plenary meeting
4 December 1986
41/158. Question of human rights and fundamental
freedoms in Afghanistan
The General Assembly,
Guided by the principies embodied in the Charter of the
United Nations, the Universal Declaration of Human
Rights,2 the International Covenants on Human Rights24
and the humanitarian rules set out in the Geneva Conven-
tions of 12 August 1949,154
Aware of its responsibility to promote and encourage re-
sp,
,r human rights and fundamt • •
··"•.'OPm, for ali
and resolved to remain vigilant with regard to violations of
human rights wherever they occur,
Emphasizing the obligation of ali Govemments to re-
spect and protect human rights and to fulfil the respon-
sibilities they have assumed under various international
instruments,
Recalling Commission on Human Rights resolution
1984/55 of 15 March 1984,29 in which the Commission
expressed its concem and anxiety at the continuing pre~-
ence of foreign forces in Afghanistan, as well as Econom~c
and Social Council resolution 1984/37 of24 May 1984, m
which the Council requested the Chairman of the Com-
mission on Human Rights to appoint a special rapporteur
to examine the situation of human rights in Afghanistan,
Recalling also Commission on Human Rights resolution
1985/38 of 13 March 1985,30 in which the Commission
expressed its profound concern at the grave and massive
human rights violations in Afghanistan and urged the
authorities in that country to put a stop to those viola-
tions, in particular the military repression being con-
ducted against the civilian population of Afghanistan,
Recallingfurther Economic and Social Council decision
1985/147 of30 May 1985, by which the Council approved
the decision of the Commission on Human Rights to ex-
tend the mandate ofthe Special Rapporteur and to request
him to report to the General Assembly at its fortieth ses-
sion and to the Commission at its forty-second session on
the situation of human rights in Afghanistan, including
the human and material losses resulting from the bom-
bardments of the civilian population,
Recalling resolution 1985/35 of 30 August 1985 of the
Sub-Commission on Prevention of Discrimination and
Protection of Minorities, 158 in which the Sub-Commission
requested the Commission on Human Rights to ask the
Special Rapporteur to look into, in particular, the fate of
women and children as a consequence of the conflict in Af-
ghanistan,
Recalling a/so its resolution 40/137 of 13 December
1985, in which it expressed its profound concern that
disregard for human rights in Afghanistan was more wide-
spread and that the conflict continued to engender human
rights violations on a large scale, endangering, as a result,
not only the lives of individuals but also the existence of
whole groups of persons and tribes,
Taking note of Commission on Human Rights resolu-
tion 1986/40 of 12 March 198631 and Economic and So-
cial Council decision 1986/136 of 23 May 1986, by which
the Council approved the Commission's decision to ex-
tend for one year the mandate of the Special Rapporteur,
Having carefully examined the interim report ofthe Spe-
cial Rapporteur on the situation of human rights in Af-
ghanistan, 159 which reveals continuing grave and massive
violations of fundamental human rights in that country,
Recognizing that a situation of armed conflict continues
to exist in Afghanistan, leaving large numbers of victims
without protection or assistance,
Deploring the continuing refusal of the Afghan authori-
ties to co-operate with the Special Rapporteur,
1.
Commends the Special Rapporteur for his report on
the situation of human rights in Afghanistan;
2.
Expresses once again its deep concern that the Af-
ghan authorities, with heavy support from foreign troops,
are acting with great severity against their opponents and
I58 See E/CN.4/1986/5-E/CN.4/Sub.2/1985/57, chap XX, sect. A.
119 A/41/778. anncx.
VI. Resolutions adopted on the reports of the Third Committee
207
suspected opponents without any respect for the interna-
tional human rights obligations which they have assumed;
3.
Expresses its grave concern at the methods of war-
fare
used,
which
are
contrary
to
international
humanitarian standards and the relevant instruments to
which the States concerned are parties;
4.
A/so expresses its grave concern, in particular, at the
severe consequences for the civilian population of indis-
criminate
bombardments
and
military
operations
primarily targeted on villages and the agricultura) struc-
ture;
5.
Shares the conviction of the Special Rapporteur that
the prolongation of the conflict increases the seriousness of
the gross and systematic violations of human rights al-
ready existing in the country;
6.
Expresses once again its profound distress and
alarm, in particular, at the widespread violations of the
right to life, liberty and security of person, including the
commonplace practice of torture and summary executions
of the opponents of the régime, as well as at continuing
evidence of a policy of religious intolerance;
7.
Expresses its deep concern about the number of per-
sons detained for seeking to exercise their human rights
and fundamental freedoms, and their detention under con-
ditions contrary to internationally recognized standards;
8.
Notes with great concern that the educational system
does not appear to respect the liberty of parents to ensure
the religious and moral education of their children in con-
formity with their own convictions;
9.
Notes a/so with great concern that such widespread
violations of human rights, that have already caused mil-
Iions of people to flee their homes and country, are still
giving rise to large flows of refugees and displaced persons;
10.
Ca/Is once again upan the parties to the conflict to
apply fully the principies and rules of international
humanitarian
law
and
to
admit
international
humanitarian organizations, in particular the Interna-
tional Committee of the Red Cross, and to facilitate their
operations for the alleviation of the suffering of the people
in Afghanistan;
11.
Urges the authorities in Afghanistan to co-operate
with the Commission on Human Rights and its Special
Rapporteur, in particular by allowing him to visit Afghan-
istan;
12.
Requests the Secretary-General to give ali neces-
sary assistance to the Special Rapporteur;
13.
Decides to keep under consideration, during its
forty-second session, the question of human rights and
fundamental freedoms in Afghanistan in order to examine
this question anew in the light of additional elements pro-
vided by the Commission on Human Rights and the Eco-
nomic and Social Council.
•
97th plenary meeting
4 December 1986
41/159. Situation of human rights in the Islamic Repub-
lic of lran
The General Assembly,
Guided by the principies embodied in the Charter of the
United Nations, the Universal Declaration of Human
Rights2 and the International Covenants on Human
Rights,24
Reaffirming that ali Member States have an obligation
to promote and protect human rights and fundamental
freedoms and to fulfil the obligations they have under-
taken under the various international instruments in this
field,
Recalling Commission on Human Rights resolutions
1982/27 of 11 March 198227 and 1983/34 of 8 March
1983,28
Bearing in mind Commission on Human Rights resolu-
tion 1984/54 of 14 March 1984,29 in which the Commis-
sion expressed deep concern at the continuing serious vio-
lations of human rights and fundamental freedoms in the
Islamic Republic of lran and requested its Chairman to
appoint a special representative to make a thorough study
of the situation of human rights in that country,
Recalling Commission on Human Rights resolution
1985/39 of 13 March 1985,30
Taking note, in particular, of Commission on Human
Rights resolution 1986/41 of 12 March 1986,31 by which
the Commission decided to extend the mandate of its Spe-
cial Representative for one year and requested him to
present an interim report to the General Assembly at its
forty-first session on the situation of human rights in the
Islamic Republic of Iran, including the situation of
minority groups such as the Baha'is, and a final report to
the Commission at its forty-third session,
Mindful of resolution 1985/17 of 29 August 1985 of the
Sub-Commission on Prevention of Discrimination and
Protection ofMinorities, 158 in which the Sub-Commission
expressed its alarm at the continuing reports of gross vio-
lations of human rights and fundamental freedoms in the
Islamic Republic of Iran,
Regretting that the Government of the lslamic Republic
of Iran has still not extended its full co-operation to the
Commission on Human Rights and its Special Represen-
tative, in particular by not allowing the Special Represen-
tative to visit the country,
Taking into account the transmission by the Special
Representative to the Government ofthe Islamic Republic
of Iran of a list of alleged violations of the right to Iife and
certain other rights, such as those affecting the medica}
profession, which allegedly occurred during the period
October 1985 to September 1986,
1.
Takes note of the interim report of the Special Rep-
resentative of the Commission on Human Rights on the
situation of human rights in the lslamic Republic of Iran
and of the general observations contained therein; 160
2.
Expresses its deep concern about the specific and de-
tailed allegations of violations of human rights in the Is-
lamic Republic of Iran and, in particular, those related to
the right to life, such as summary and arbitrary execu-
tions, the right to freedom from torture or cruel, inhuman
or degrading treatment or punishment, the right to liberty
and security of person and to freedom from arbitrary ar-
rest or detention, the right to a fair trial, the right to free-
dom ofthought, conscience and religion and to freedom of
expression and the right of religious minorities to profess
and practise their own religion;
3.
Urges the Government of the Islamic Republic of
Iran, as a State party to the International Covenant on
Civil and Political Rights,22 to respect and to ensure to ali
individuals within its territory and subject to its jurisdic-
tion the rights recognized in that Covenant;
4.
Requests the Commission on Human Rights to
study carefully the final report of the Special Representa-
tive, as well as other information pertaining to the situa-
160 A/41/787. arrnex.
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