Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary
and Summary Executions
Recommended by Economic and Social Council resolution 1989/65
of 24 May 1989 1
Prevention
1. Governments shall prohibit by law all extra-legal, arbitrary and summary executions and shall
ensure that any such executions are recognized as offences under their criminal laws, and are
punishable by appropriate penalties which take into account the seriousness of such offences.
Exceptional circumstances including a state of war or threat of war, internal political instability or any
other public emergency may not be invoked as a justification of such executions. Such executions shall
not be carried out under any circumstances including, but not limited to, situations of internal armed
conflict, excessive or illegal use of force by a public official or other person acting in an official capacity
or by a person acting at the instigation, or with the consent or acquiescence of such person, and
situations in which deaths occur in custody. This prohibition shall prevail over decrees issued by
governmental authority.
2. In order to prevent extra-legal, arbitrary and summary executions, Governments shall ensure strict
control, including a clear chain of command over all officials responsible for apprehension, arrest,
detention, custody and imprisonment, as well as those officials authorized by law to use force and
firearms.
3. Governments shall prohibit orders from superior officers or public authorities authorizing or inciting
other persons to carry out any such extra-legal, arbitrary or summary executions. All persons shall
have the right and the duty to defy such orders. Training of law enforcement officials shall emphasize
the above provisions.
4. Effective protection through judicial or other means shall be guaranteed to individuals and groups
who are in danger of extra-legal, arbitrary or summary executions, including those who receive death
threats.
5. No one shall be involuntarily returned or extradited to a country where there are substantial
grounds for believing that he or she may become a victim of extra-legal, arbitrary or summary
execution in that country.
6. Governments shall ensure that persons deprived of their liberty are held in officially recognized
places of custody, and that accurate information on their custody and whereabouts, including
transfers, is made promptly available to their relatives and lawyer or other persons of confidence.
7. Qualified inspectors, including medical personnel, or an equivalent independent authority, shall
conduct inspections in places of custody on a regular basis, and be empowered to undertake
unannounced inspections on their own initiative, with full guarantees of independence in the exercise
of this function. The inspectors shall have unrestricted access to all persons in such places of custody,
as well as to all their records.
8. Governments shall make every effort to prevent extra-legal, arbitrary and summary executions
through measures such as diplomatic intercession, improved access of complainants to
intergovernmental and judicial bodies, and public denunciation. Intergovernmental mechanisms shall
be used to investigate reports of any such executions and to take effective action against such
practices. Governments, including those of countries where extra-legal, arbitrary and summary
executions are reasonably suspected to occur, shall cooperate fully in international investigations on
the subject.
Investigation