A/HRC/45/16 Annex I Deliberation No. 10 on reparations for arbitrary deprivation of liberty I. Introduction 1. The Working Group on Arbitrary Detention is the only body in the international human rights system entrusted by the Commission on Human Rights and subsequently by the Human Rights Council with a specific mandate to receive and examine cases of arbitrary deprivation of liberty. In accordance with Commission resolutions 1991/42 and 1997/50 and Council resolutions 6/4 and 42/22, the Working Group also has a mandate to formulate deliberations on matters of a general nature to assist States in preventing and addressing cases of the arbitrary deprivation of liberty. 2. In the present deliberation, the Working Group intends to identify comprehensive reparations to which victims of arbitrary deprivation of liberty are entitled. 3. In preparing the present deliberation, the Working Group reviewed its practices and those of international and regional bodies in the protection of human rights. In 2016, in accordance with its methods of work (see A/HRC/36/38), the Working Group introduced a new procedure to follow up on the implementation of the opinions it adopts. In accordance with that procedure, States must, within six months of the date of the transmission of the opinion, report to the Working Group on the implementation of the opinion, including on whether reparations have been made to the victim.1 The follow-up procedure does not specify all forms of reparations. For that reason, the Working Group decided that such measures required further elaboration in the form of a deliberation. II. Right to reparations for victims of arbitrary deprivation of liberty 4. Victims are persons who have individually or collectively suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that constitute arbitrary deprivation of liberty.2 Victims may also include family members or dependants of the detained person and those who have suffered harm in intervening to assist. 5. The prohibition of arbitrary detention is a peremptory norm of international law (jus cogens). The absolute prohibition of arbitrary deprivation of liberty stems from both international and regional human rights treaties 3 supported by the extensive practice of international and regional tribunals supervising the implementation of these instruments. 4 1 2 3 4 Such as whether (a) the victim has been released; (b) compensation or other reparations have been made to the victim; (c) an investigation has been conducted into the violation of the victim’s rights; (d) changes have been made to harmonize the law and practice of the country with its international human rights obligations; and (e) any other action has been taken to implement the opinion. See A/HRC/36/37, paras. 10–11. See Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, para. 8. See Universal Declaration of Human Rights, art. 9 and International Covenant on Civil and Political Rights, arts. 9 and 14; and African Charter on Human and Peoples’ Rights, art. 6, American Convention on Human Rights, art. 7 and European Convention for the Protection of Human Rights and Fundamental Freedoms, art. 5. See A/HRC/19/57, para. 69, A/HRC/22/44, para. 75 and A/HRC/30/37, para. 11. The Human Rights Committee has given an overview of its jurisprudence when requiring States parties to make full reparation to individuals whose rights under the International Covenant on Civil and Political Rights have been violated; see CCPR/C/158. 29