Working Group on Arbitrary Detention

Latest news on Working Group session

Le Groupe de travail sur la détention arbitraire conclut sa mission en Mauritanie -1 mars 2008

UN working group on arbitrary detention to visit Mauritania - 18 February 2008

UN Working Group on Arbitrary Detention concludes its 50th session - 3 December 2007

Latest reports

Annual report 2007 of the Working Group on Arbitrary Detention
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Opinions adopted by the Working Group

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Report of the Working Group on Arbitrary Detention - Mission to Norway
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Report of the Working on Arbitrary Detention - Mission to Equatorial Guinea
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Report of the Working Group on Arbitary Detention - Mission to Angola
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Introduction

The United Nations Commission on Human Rights has addressed the distributing expansion of arbitrary detention since 1985. In 1990, it requested the Sub-Commission on Prevention of Discrimination and Protection of Minorities to undertake a thorough study of the matter and submit recommendations to it for the reduction of such practices.

At the same time, concern about the guarantees which should be enjoyed by all persons deprived of their liberty was manifested in the adoption by the United Nations General Assembly in December 1988 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment.

 In 1991, in pursuance of the recommendations made in the above-mentioned report of the Sub-Commission, the Commission on Human Rights set up the Working Group on Arbitrary Detention (resolution 1991/42).

The Commission on Human Rights has entrusted the Working Group with the following mandate:

(a) To investigate cases of deprivation of liberty imposed arbitrarily, provided that no final decision has been taken in such cases by domestic courts in conformity with domestic law, with the relevant international standards set forth in the Universal Declaration of Human Rights and with the relevant international instruments accepted by the States concerned;

 (b) To seek and receive information from Government and intergovernmental and non-governmental organizations, and receive information from the individuals concerned, their families or their representatives;

 (c) To present a comprehensive report to the Commission at its annual session.

In the discharge of the functions entrusted to it:

(a) The Working Group acts on information submitted to its attention regarding alleged cases of arbitrary detention by sending urgent appeals and communications to concerned Governments to clarify and/or bring to their attention these cases. The Working Group also considers individual complaints. It is the only non-treaty-based mechanism whose mandate expressly provides for consideration of individual complaints.  This means that its actions are based on the right of petition of individuals anywhere in the world. See Individual Complaints

(b) The Working Group conducts country visits (also called field-missions) upon the invitation of the Government, in order to understand better the situation prevailing in that country, as well as the underlying reasons for instances of arbitrary deprivation of liberty.  The Working Group submits a report of the visit to the Commission on Human Rights, presenting its findings, conclusions and recommendations. See Country Visits

(d) Each year the Working Group reports to the Commission on its activities.  In the annual report, the Working Group will express its observations on the different institutions, (legal) insufficiencies, policies, judicial practices which, in its opinion, are the cause for arbitrary deprivation of liberty. The report, includes the following annexes or addenda: opinions adopted on individual cases; reports on field visits. See Annual Reports

Members of the Working Group:

Mr. Aslan Abashidze (Russian Federation), since 2008
Ms. Manuela Carmena Castrillo (Spain), since 2003 (Chairperson-Rapporteur)
Mr. Roberto Garretón (Chile), since 2008
Mr. Seyyed Mohammad Hashemi (Islamic Republic of Iran), since 2002
Mr. Malick El Hadji Sow (Senegal), since 2008 (Vice-Chairperson)

Former Members:

Mr. Tamás Bán (Hungary)
Mr. Roberto Garretón (Chile)
Mr. Louis Joinet (France)
Mr. Laity Kama (Senegal)
Mr. Kapil Sibal (India)
Mr. Petr Uhl (Czech Republic)
Ms. Soledad Villagra de Biedermann (Paraguay)
Ms. Leïla Zerrougui (Algeria)