A/HRC/45/16
must be released until the criminal court proceedings against that person have been decided. 15
In addition, in the context of immigration policies, States are required to release any
arbitrarily detained persons even if they intend to deport such persons, whenever said
deportation cannot be carried out promptly, 16 such as when the deportation may constitute a
violation of the principle of non-refoulement. 17 Furthermore, in cases where the close
relatives of a person who was arbitrarily detained have been suspended from their duties in a
State-run organization, the Working Group has requested, as a measure of restitution, the
reinstatement of their employment.18
B.
Rehabilitation
11.
Rehabilitation should include medical, psychological and other care, as well as the
legal and social services that the victim of arbitrary deprivation of liberty may require. Such
rehabilitation measures, including other health services, should be available, accessible and
culturally acceptable;19 for example, medical and psychological care should be free of charge
and be provided immediately, adequately and effectively, and in a place close to the victim’s
residence. 20 To that end, prior, clear and sufficient information about treatment must be
provided, and the consent of the victim to receive such treatment and services must be given
at all times.21 Medication should be provided free of charge, and treatments must take into
account the circumstances and needs of the victim. Treatment on an individual, family or
collective basis should also be provided.22
C.
Satisfaction
12.
Satisfaction measures, aimed at repairing non-quantifiable, intangible damage
suffered by the victim, may include commemorations and homages or tributes to victims;
public apologies; the verifications of facts; public and complete disclosure of the truth;
assistance in the recovery, identification, return and reburial of bodies in accordance with the
expressed or presumed wish of the victims; 23 and judicial and administrative penalties
imposed on those responsible. Other means of satisfaction include the publication in national
newspapers and on websites, national radio and television broadcasts of the summaries of
court resolutions in which the innocence of the victim or the arbitrariness of the deprivation
of liberty is acknowledged.24 The victim must be involved in the design of these measures. 25
13.
Satisfaction may also involve the granting of study scholarships for either direct or
indirect victims of arbitrary deprivation of liberty; 26 public acts acknowledging
15
16
17
18
19
20
21
22
23
24
25
26
Human Rights Committee, Floresmilo Bolaños v. Ecuador (CCPR/C/36/D/238/1987) and Achille
Benoit Zogo Andela v. Cameroon (CCPR/C/121/D/2764/2016).
A/HRC/39/45, annex, para. 27.
A/HRC/13/30, para. 83. See also opinions Nos. 20/2018, 21/2018, 50/2018 and 74/2018.
See opinion No. 83/2017, para. 94.
Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000) on the right to
the highest attainable standard of health, para. 12. See also Committee against Torture, general
comment No. 3 (2012) on the implementation of article 14 by States parties, para. 32.
Inter-American Court of Human Rights, Yarce y otras v. Colombia (2016) and Ruano Torres and
others v. El Salvador (2015). See also opinion No. 46/2018, para. 76
Inter-American Court on Human Rights, Yarce y otras v. Colombia (2016) and Ruano Torres and
others v. El Salvador (2015).
Ibid.
See opinion No. 56/2019.
Since 2018, the Working Group on Arbitrary Detention has included in its opinions the request that
States disseminate widely the opinions adopted.
See Inter-American Court of Human Rights, Norín and others v. Chile (2014), García Asto and
Ramírez v. Peru (2005), Chaparro Álvarez and Lapo Íñiguez v. Ecuador (2007), Wong Ho Wing v.
Peru (2015), López Álvarez v. Honduras (2006) and López Álvarez v. Honduras (2006). See also
Human Rights Committee, Albert Womah Mukong v. Cameroon (CCPR/C/51/D/458/1991).
Inter-American Court of Human Rights, Norín and others v. Chile (2014), García Asto and Ramírez
v. Peru (2005) and López Álvarez v. Honduras (2006).
31
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