A/HRC/RES/25/4
1.
Takes note of the report of the Special Rapporteur on the independence of
judges and lawyers on the administration of justice through military tribunals submitted to
the General Assembly at its sixty-eighth session;1
2.
Also takes note of conclusions and recommendations made by the Special
Rapporteur in her report, in particular that military tribunals, when they exist, must be an
integral part of the general justice system and operate in accordance with human rights
standards, including by respecting the right to a fair trial and due process of law guarantees;
3.
the law;
Reaffirms the right of everyone to recognition everywhere as a person before
4.
Reiterates that, as declared in article 14 of the International Covenant on
Civil and Political Rights, every person is entitled, in full equality, to a fair and public
hearing by a competent, independent and impartial tribunal duly established by law, in the
determination of his/her rights and obligations and of any criminal charge against him/her,
and that he/she is entitled to the presumption of innocence until proved guilty according to
law;
5.
Notes that, according to paragraph 5 of the Basic Principles on the
Independence of the Judiciary, everyone has the right to be tried by ordinary courts or
tribunals using established legal procedures, and that tribunals that do not use duly
established procedures of the legal process shall not be created to displace the jurisdiction
belonging to the ordinary courts or judicial tribunals;
6.
Underlines that any court trying a person charged with a criminal offence
should be competent, independent and impartial;
7.
Urges States to guarantee that all persons brought to trial before courts or
tribunals under their authority have the right to be tried in their presence, to defend
themselves in person or through legal assistance of their own choosing and to have all the
guarantees necessary for their legal defence;
8.
Calls upon States to ensure that the principles of equality before the courts
and before the law are respected within their judicial systems by, inter alia, providing to
those being tried the possibility to examine, or to have examined, the witnesses against
them and to obtain the attendance and examination of witnesses on their behalf under the
same conditions as witnesses against them;
9.
Reaffirms that every convicted person should have the right to have his/her
conviction and sentence reviewed by a tribunal of competent, independent and impartial
jurisdiction according to law;
10.
Calls upon States that have military courts or special tribunals for trying
criminal offenders to ensure that such bodies are integral part of the general judicial system
and that such courts apply procedures that are recognized according to international law as
guarantees of a fair trial, including the right to appeal a conviction and a sentence;
11.
Stresses the importance of developing cooperation between national judicial
systems with a view to, inter alia, strengthening the protection of persons deprived of their
liberty;
12.
Requests the United Nations High Commissioner for Human Rights to
convene prior to the twenty-eighth session of the Human Rights Council an expert
consultation with the participation of representatives of States, the special procedures,
1
2
A/68/285.
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