A/HRC/27/48
In its recommendations, the Working Group requests States to enforce the protection
of every person’s right to liberty under customary international law; to ensure that the
required guarantees and safeguards are extended to all forms of deprivation of liberty; and
to 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. With respect to the thematic issues addressed in this report, the Working Group
recommends that the practice of protective custody should be eliminated and replaced with
alternative measures that ensure the protection of women and girls without jeopardizing
their liberty. It also calls on States to ensure that preventive detention is proportionate and
justified by compelling reasons and that detention of asylum seekers and irregular migrants
is used a last resort only for the shortest period of time. The detention should be subject to
regular periodic reviews by an independent judicial body and the legality of detention must
be open to challenge before a court. The Working Group also requests the Human Rights
Council to study the adoption of a set of principles to be applied to military courts.
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