A/HRC/22/44 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 found that the prohibition of all forms of arbitrary deprivation of liberty forms a part of international customary law and constitutes a preemptory or jus cogens norm. The report concludes that the prohibition of arbitrariness in customary international law comprises thorough examination of lawfulness; reasonableness; proportionality and necessity of any measure depriving a human being of his or her liberty. It also concludes that administrative detention should only be permitted in strictly limited circumstances. In its recommendations the Working Group requests States to enforce the protection of every person’s right to liberty under customary international law; ensure that the available guarantees and safeguards are extended to all forms of deprivation of liberty, including for example house arrest, re-education through labour, protective custody, detention of migrants and asylum seekers, detention for treatment or rehabilitation and detention in transit areas; and ensure that persons are not held in pretrial detention for periods longer than those prescribed by law as well as ensuring that such persons are promptly brought before a judge. 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 of evidence; and guarantees against self-incrimination. 2 GE.12-18935