A/HRC/22/44
I. Introduction
1.
The Working Group on Arbitrary Detention was established by the former
Commission on Human Rights in its resolution 1991/42 and entrusted with the
investigation of instances of alleged arbitrary deprivation of liberty, according to the
standards set forth in the Universal Declaration of Human Rights and the relevant
international instruments accepted by the States concerned. The mandate of the Working
Group was clarified and extended by the Commission in its resolution 1997/50 to cover the
issue of administrative custody of asylum seekers and immigrants. At its sixth session, the
Human Rights Council assessed the mandate of the Working Group and adopted resolution
6/4 which confirmed the scope of its mandate. On 30 September 2010, by its resolution
15/18, the Human Rights Council extended the Working Group’s mandate for a further
three-year period.
2.
During 2012, the Working Group was composed of Ms. Shaheen Sardar Ali
(Pakistan), Mr. Mads Andenas (Norway), Mr. Roberto Garretón (Chile), Mr. El Hadji
Malick Sow (Senegal) and Mr. Vladimir Tochilovsky (Ukraine).
3.
El Hadji Malick Sow is the Chair-Rapporteur of the Working Group and Shaheen
Sardar Ali its Vice-Chair.
II. Activities of the Working Group in 2012
4.
During the period 1 January to 30 November 2012, the Working Group held its
sixty-third, sixty-fourth and sixty-fifth sessions. It undertook an official mission to El
Salvador from 23 January to 1 February 2012 (see addendum 2 for the official country visit
report).
5.
Pursuant to the Human Rights Council resolution 20/16, the Working Group has
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, in compliance with international human
rights law. A report comprising of the principles and guidelines will be presented to the
Human Rights Council in 2015.
6.
In November 2011, the Working Group launched a database, accessible at
www.unwgaddatabase.org, which is a freely and publicly available compilation of its
opinions. The database provides over 600 opinions in English, French and Spanish that
have been adopted since the establishment of the Working Group in 1991. Throughout
2012, the Working Group received information that the database was being increasingly
used by various stakeholders, including States and civil society organizations. The database
provides a practical research tool for victims, lawyers, academics and others, who would
like to prepare and submit cases of alleged arbitrary deprivation of liberty to the Working
Group.
7.
The Working Group has been engaged in discussions regarding the possibility of
transmitting cases to Governments on situations where an individual is at risk of being
arrested due to an arrest warrant or detention order being issued against him or her, and
where the resulting deprivation of liberty is likely to be arbitrary in nature.
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