A/HRC/22/44
United Nations
General Assembly
Distr.: General
24 December 2012
English
Original: English/Spanish
Human Rights Council
Twenty-second session
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Report of the Working Group on Arbitrary Detention
Chair-Rapporteur: El Hadji Malick Sow
Summary
During 2012, the Working Group on Arbitrary Detention, under its regular
procedure, adopted 69 opinions concerning the detention of 198 persons in 37 countries
(see addendum 1, A/HRC/22/44/Add.1). It also transmitted a total of 104 urgent appeals to
44 States concerning 606 individuals, including 56 women. States informed the Working
Group that they had taken measures to remedy the situation of detainees: in some cases,
detainees were released; in other cases, the Working Group was assured that the detainees
concerned would be guaranteed a fair trial. The Working Group is grateful to those
Governments that heeded its appeals and took steps to provide it with the requested
information on the situation of detainees. The Working Group engaged in continuous
dialogue with countries that it visited particularly concerning its recommendations.
Information regarding the implementation of recommendations made by the Working
Group was received from the Government of Malta. During 2012, the Working Group
visited El Salvador. The report on this visit is contained in addendum 2 to the present
document (A/HRC/22/44/Add.2).
In accordance with Council resolution 20/16 adopted on 6 July 2012, the Working
Group initiated preparations concerning the draft basic principles and guidelines on
remedies and procedures on the right of anyone deprived of his or her liberty by arrest or
detention to bring proceedings before court, in order that the court may decide without
delay on the lawfulness of his or her detention and order his or her release if the detention
is not lawful. The draft basic principles and guidelines aim at assisting Member States in
fulfilling their obligation to avoid arbitrary deprivation of liberty. A report comprising the
basic principles and guidelines will be presented to the Human Rights Council in 2015.
GE.12-18935 (E)
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