The right of amparo, habeas corpus or other legal remedies to the same effect-UNGA

34. RESOLUTIONS ADOPTED ON THE REPORTS OF THE THIRD COMMITTEE

178. The right of amparo, habeas cotpus or other legal remedies to the same effect

The General Assembly,

Bearing in mind the provisions of the Universal Declaration of Human Rights,[1] of the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment[2] and of the International Covenant on Civil and Political Rights,[3]

Mindful, in particular, of article 9, paragraph 4, of the said Covenant, which stipulates that anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful,

Recalling its resolution 32/121 of 16 December 1977, concerning the protection of the human rights of persons who are detained in respect of offences which they have committed, or are suspected of having committed, by reason of their political opinions or convictions,

Recalling also its resolutions 33/169 of 20 December 1978, concerning persons arrested or detained for trade union activities, and 33/173 of 20 December 1978 on disappeared persons,

Noting that the year 1979 marks the three hundredth anniversary of the act which in 1679 gave statutory force to the remedy of habeas corpus,

Recalling that, from 15 to 28 August 1961, a seminar on amparo, habeas corpus and other similar remedies was organized by the United Nations at Mexico City,[4] under the programme of advisory services in the field of human rights,

1. Expresses its conviction that the application within the legal system of States of amparo, habeas corpus or other legal remedies to the same effect is of fundamental importance for:

(a) Protecting persons against arbitrary arrest and unlawful detention;

(b) Effecting the release of persons who are detained by reason of their political opinions or convictions, including in pursuance of trade union activities;

(c) Clarifying the whereabouts and fate of missing and disappeared persons;

2. Considers that the use of those remedies may also forestall opportunities for persons exercising power over detainees to engage in torture or other cruel, inhuman or degrading treatment or punishment;

3. Calls upon all Governments to guarantee to persons within their jurisdiction the full enjoyment of the right of amparo, habeas corpus or other legal remedies to the same effect, as may be applicable in their legal system;

4. Decides that, in order to extend the global understanding and larger applications of institutions such as amparo, habeas corpus or other legal remedies to the same effect, an international seminar on the matter would be timely and useful;

5. Decides further to consider this question again at its thirty-fifth session.


106th plenary meeting
17 December 1979

[1] Resolution 217 A (III).
[2] Resolution 3452 (Y-XX), annex.
[3] Resolution 2200 A (XXI), annex.
[4] The report of the seminar was issued as document ST/TAO/HR/ 12.


Source: UN General Assembly

Citation: UN General Assembly, The right of amparo, habeas corpus or other legal remedies to the same effect., 17 December 1979, A/RES/34/178