A/HRC/27/48
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 standards
set forth in the Universal Declaration of Human Rights and 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 in resolution 6/4 confirmed
its scope. On 26 September 2013, in its resolution 24/7, the Council extended the Working
Group’s mandate for a further three-year period.
2.
During 2013, the Working Group was composed of Shaheen Sardar Ali (Pakistan),
Mads Andenas (Norway), Roberto Garretón (Chile), El Hadji Malick Sow (Senegal) and
Vladimir Tochilovsky (Ukraine).
3.
Between 1 January 2013 and 12 November 2013, El Hadji Malick Sow was the
Chair-Rapporteur of the Working Group and Shaheen Sardar Ali its Vice-Chair. On 13
November 2013, Mads Andenas was elected Chair-Rapporteur of the Working Group and
Vladimir Tochilovsky was elected Vice-Chair.
II. Activities of the Working Group in 2013
4.
During the period from 1 January to 31 December 2013, the Working Group held its
sixty-sixth, sixty-seventh and sixty-eighth sessions. It undertook official missions to Greece
(21–31 January 2013), Brazil (18–28 March 2013), Hungary (23 September–2 October
2013) and Morocco (9–18 December 2013). See addenda 2, 3, 4 and 5, respectively, for the
country visit reports.
5.
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 on individual cases of detention. The database provides over 600 opinions in
English, French and Spanish that have been adopted since the establishment of the Working
Group in 1991. During 2013, the database was consulted by some 3,000 visitors in different
regions of the world. 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.
6.
Pursuant to Human Rights Council resolution 20/16, the Working Group 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.
7.
The Working Group, by means of a questionnaire, sought the views of States,
relevant United Nations agencies, intergovernmental organizations, United Nations treaty
bodies, in particular the Human Rights Committee, other special procedures, national
human rights institutions, non-governmental organizations and other relevant stakeholders.
The Working Group has so far received replies to its questionnaire from 44 States, 20
national human rights institutions, 3 regional entities, 8 non-governmental organizations, 5
special procedures mandate holders and the Human Rights Committee.
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