Question Of Human Rights And States Of Emergency : Draft Resolution / Mr. Alfonso Martinez, Mr. Bossuyt, Mrs. Daes, Mr. Despouy, Mr. Eide, Mrs. Forero Ucros, Mr. Guisse, Mr. Hatano, Mr. Muksum-Ul-Hakim, Mr. Joinet, Mr. Khalil, Mr. Ramadhane, Mr. Saboia, Mr. Sachar, Mrs. Warzazi

Recalling Commission on Human Rights resolution 1983/18 of 22 February 1983, in which the Commission requested the Sub-Commission to give further consideration to the study on the implications for human rights of
situations known as states of siege or emergency (E/CN.4/Sub.2/1982/15), submitted by the Special Rapporteur, Mrs. Nicole Questiaux,
Recalling also that, in the same resolution, the Commission requested the Sub-Commission to propose measures designed to ensure the respect throughout the world of human rights and fundamental freedoms in situations where states of siege or emergency existed, especially of the rights referred to in article 4, paragraph 2, of the International Covenant on Civil and Political Rights, which prohibits derogation from certain rights, even in time of public emergency,

Recalling further Economic and Social Council resolution 1985/37 of 30 May 1985 and the Sub-Commission’s own resolution 1983/28 of 6 September 1983, concerning the question of human rights and states of emergency,

Recalling that, in its resolution 1985/32 of 30 August 1985, it requested the Special Rapporteur, Mr. Leandro Despouy, to draw up and update a list of countries which proclaimed a state of emergency each year and to prepare an annual report containing reliably attested information on compliance with the rules, national and international, guaranteeing the legality of the
introduction of the state of emergency,
Bearing in mind that the Commission on Human Rights, in its resolution 1991/34 of 5 March 1991 invited the Sub-Commission to consider the question of the effectiveness of habeas corpus and similar remedies and to formulate suggestions thereon,
Noting with interest that it was recommended that the Special Rapporteur, through Governments and international organizations, should monitor closely the implementation of Commission on Human Rights resolution 1992/35 of
28 February 1992, in which the Commission called on all States to establish a procedure such as habeas corpus and to maintain the right to such a procedure at all times and under all circumstances, including during states of emergency, and that the Special Rapporteur should report on this question,
Having noted from its thirtieth to its forty-fifth sessions the importance, for the effective enjoyment of human rights, of the principles concerning respect for the rules, national and international, guaranteeing the legality of the introduction of a state of emergency,
Noting with satisfaction the growing cooperation of Governments with the Special Rapporteur and the need to continue to analyse the information received by the Special Rapporteur with the greatest care,

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JUSTICE SACHAR