A/HRC/22/44
8.
At its sixty-fifth session held from 14 to 23 November 2012, the Working Group
adopted its Deliberation No. 9 on the definition and scope of arbitrary deprivation of liberty
in customary international law (the full text of the deliberation is included in the annex to
the present report).
A.
1.
Handling of communications addressed to the Working Group during
2012
Communications transmitted to Governments
9.
Hyperlinks to a description of the cases transmitted and the contents of the replies of
Governments can be found in the respective opinions adopted by the Working Group (see
A/HRC/22/44/Add.1).
10.
During its sixty-third, sixty-fourth and sixty-fifth sessions, the Working Group
adopted 69 opinions concerning 198 persons in 37 countries. Some details of the opinions
adopted during these sessions appear in the table below and the hyperlinks to the complete
texts of opinions Nos. 1/2012 to 69/2012 are contained in addendum 1 to the present report.
2.
Opinions of the Working Group
11.
Pursuant to its revised methods of work (A/HRC/16/47, annex), the Working Group,
in addressing its opinions to Governments, drew their attention to resolutions 1997/50 and
2003/31 of the former Commission on Human Rights and resolutions 6/4 and 15/18 of the
Human Rights Council, requesting them to take account of the Working Group’s opinions
and, where necessary, to take appropriate steps to remedy the situation of persons arbitrarily
deprived of their liberty and to inform the Working Group of the steps they had taken. On
the expiry of the two-week deadline, the opinions were transmitted to the source.
Opinions adopted during the sixty-third, sixty-fourth and sixty-fifth sessions of the
Working Group
GE.12-18935
Opinion
No.
Country
Government’s
reply
Person(s) concerned
Opinion
1/2012
Egypt
Yes
Wael Aly Ahmed Aly
Detention arbitrary,
categories I and III
2/2012
Panama
No
Ángel de la Cruz Soto
Detention arbitrary, category
III
3/2012
Israel
No
Khader Adnan Musa
Detention arbitrary,
categories I and III
4/2012
Democratic
People’s
Republic of
Korea
Yes
Shin Sook Ja, Oh Hae Won
and Oh Kyu Won
Detention arbitrary, category
I and III
5/2012
Philippines
Yes
Five children (names known
by the Government)
The separation of the minors
from their parents does not
constitute arbitrary
deprivation of liberty
6/2012
Bahrain
Yes
Abdulhadi Abdulla Alkhawaja Detention arbitrary,
categories II and III
5