A/HRC/45/16
deliberation, the Working Group identified comprehensive reparations to which victims of
arbitrary deprivation of liberty were entitled. In doing so, it elaborated on what were to be
understood as measures as referenced in the follow-up procedure established by the Working
Group in 2016.1
10.
The Working Group further formulated deliberation No. 11 on prevention of arbitrary
deprivation of liberty in the context of public health emergencies (annex II). In the
deliberation, the Working Group sets out guidance for avoiding occurrences of arbitrary
deprivation of liberty in the implementation of various public health emergency measures,
such as the ones related to the coronavirus disease (COVID-19) pandemic.
B.
Submission of a joint amicus curiae brief
11.
During the reporting period, the Working Group commenced work in developing a
joint amicus curiae brief,2 in cooperation with the Working Group on discrimination against
women and girls. The brief relates to the arrest and detention of applicants who were among
71 women suspected of being sex workers and allegedly physically and sexually assaulted
while in custody.
12.
In the submission it was argued that States had a duty to protect the enjoyment of
human rights by sex workers, including their rights to equality and non-discrimination, to be
free from inhuman and degrading treatment, to liberty and security, to a fair trial, to private
and family life and to health. It also contained expert advice on the international human rights
standards applicable to a range of issues falling within the Working Group’s mandate,
including detention based on vague laws, the requirements to provide reasons for an arrest
and to ensure meaningful access to judicial review of detention, forced guilty pleas, and the
duty to provide an effective remedy for human rights violations. The amicus brief was filed
in February 2020 and was under consideration by the relevant judicial authorities in the
country concerned at the time of writing of the present report.
13.
The Working Group welcomed that opportunity to utilise its expertise to assist
national courts in deliberating on issues relating to arrest and detention, as well as the
opportunity to work collaboratively with other special procedure mandate holders.
C.
Study on arbitrary detention relating to drug policies
14.
In its resolution 42/22, the Human Rights Council requested the Working Group to
undertake a study on arbitrary detention relating to drug policies. The preparation for the
study commenced in 2019, with the Working Group undertaking initial consultations,
developing a questionnaire and calling for inputs from States and other stakeholders on drug
policies. A report on the study will be presented by the Working Group to the Council at its
forty-seventh session.
D.
Handling of communications addressed to the Working Group during
2019
1.
Communications transmitted to Governments
15.
At its eighty-fourth, eighty-fifth and eighty-sixth sessions, the Working Group
adopted a total of 85 opinions concerning 171 persons in 42 countries (see the table below).
2.
Opinions of the Working Group
16.
Pursuant to its methods of work, 3 in addressing its opinions to Governments, the
Working Group drew their attention to Commission on Human Rights resolutions 1997/50
1
2
3
A/HRC/36/37, paras. 10–11.
See www.ohchr.org/Documents/Issues/Women/WG/Amicus_Brief_1_Nigeria.pdf.
A/HRC/36/38.
5
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