A/HRC/22/44 78. The Working Group reiterates than timely responses to its letters of allegations under its regular procedure with full disclosure from Member States furthers the cause of objectivity in rendering the Working Group’s opinions. The Working Group regrets that, in some cases, Governments limit their replies to providing general information or merely affirming the non-existence of arbitrary detention in the country or referring to the constitutional norms preventing it from occurring, without making direct references to the specific allegations transmitted. 79. The Working Group adopted, at its sixty-fifth session, its deliberation No. 9 concerning the definition and scope of arbitrary deprivation of liberty under customary international law. The Working Group finds that the prohibition of all forms of arbitrary deprivation of liberty constitutes part of customary international law and constitutes a peremptory norm or jus cogens. A significant number of States have adopted and implemented in their domestic legislation strict prohibitions of arbitrary detention and have sought to do so following closely the terms of article 9 of the Universal Declaration of Human Rights and articles 9 and 14 of the International Covenant on Civil and Political Rights. 80. The prohibition of arbitrariness comprises thorough examination of lawfulness, reasonableness, proportionality and necessity of any measure depriving a human being of her or his liberty. The prohibition of arbitrariness can arise at any stage of legal proceedings. 81. Administrative detention should only be permitted in strictly limited circumstances. It should be short in nature; be in line with international and domestic legislation and not be used to extend the pretrial detention of the suspects. V. Recommendations 82. The Working Group recommends that States: (a) Enforce and protect the right to liberty of every human being under customary international law; (b) Ensure that the guarantees available against arbitrary arrest and detention are extended to all forms of deprivation of liberty, including house arrest; re-education through labour; prolonged periods of curfew; detention of migrants and asylum seekers; protective custody; detention for rehabilitation or treatment; detention in transit areas; border control checkpoints, etc.; (c) Ensure that persons are not held in pretrial detention for periods longer than those prescribed by law, with the requirement of prompt production before a judge. 83. All measures of detention should be justified; adequate; necessary and proportional to the aim sought. 84. All persons subjected to a measure of detention should benefit at all stages of access to a lawyer of her or his choice as well as to effective legal assistance and representation. 85. All detainees should benefit from all minimum procedural guarantees, including the principle of equality of arms; the provision of adequate time and facilities for the preparation of the defence; proper access to evidence and guarantees against self-incrimination. GE.12-18935 25