A/HRC/19/2
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;
4.
Underlines that any court trying a person charged with a criminal offence
should be competent, independent and impartial;
5.
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;
6.
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;
7.
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;
8.
Calls upon States that have military courts or special tribunals for trying
criminal offenders to ensure that such bodies are an integral part of the general judicial
system and that such courts apply due process procedures that are recognized according to
international law as guarantees of a fair trial, including the right to appeal a conviction and
a sentence;
9.
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;
10.
Invites the Special Rapporteur on the independence of judges and lawyers to
take full account of the present resolution in the discharge of her mandate and in her report
to the Human Rights Council at its twenty-third session;
11.
Decides to continue consideration of this issue in accordance with its annual
programme of work.
55th meeting
23 March 2012
[Adopted without a vote.]
19/32
Human rights and unilateral coercive measures
The Human Rights Council,
Recalling the purposes and principles of the Charter of the United Nations,
Recalling also all previous resolutions on human rights and unilateral coercive
measures adopted by the Commission on Human Rights, the Human Rights Council and the
General Assembly,
Reaffirming Human Rights Council resolution 15/24 of 1 October 2010 and General
Assembly resolution 66/156 of 19 December 2011,
86
GE.13-14768
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