A/HRC/10/29 10/9 Arbitrary detention The Human Rights Council, Reaffirming articles 3, 9, 10 and 29 and other relevant provisions of the Universal Declaration of Human Rights, Recalling articles 9, 10, 11, and 14 to 22 of the International Covenant on Civil and Political Rights, Recalling also Commission on Human Rights resolutions 1991/42 of 5 March 1991 and 1997/50 of 15 March 1997 and Council resolution 6/4 of 28 September 2007, in which the Council extended the mandate of the Working Group on Arbitrary Detention for a further period of three years, 1. Stresses the importance of the work of the Working Group on Arbitrary Detention and encourages it to pursue the fulfilment of its mandate, as set out in Council resolution 6/4; 2. Takes note of the report of the Working Group (A/HRC/10/21), including the recommendations contained therein; 3. Requests the States concerned to take account of the Working Group’s views and, where necessary, to take appropriate steps to remedy the situation of persons arbitrarily deprived of their liberty and to inform the Working Group of the steps they have taken; 4. Encourages all States: (a) To give due consideration to the recommendations of the Working Group; (b) To take appropriate measures to ensure that their legislation, regulations and practices remain in conformity with the relevant international standards and the applicable international legal instruments; (c) To respect and promote the right of anyone who is arrested or detained on a criminal charge to be brought promptly before a judge or other officer authorized by law to exercise judicial power and to be entitled to trial within a reasonable time or to release; (d) To respect and promote the right of anyone who is deprived of his/her liberty by arrest or detention to be entitled to bring proceedings before a court, in order that the court may decide without delay on the lawfulness of his/her detention and order his/her release if the detention is not lawful, in accordance with their international obligations; (e) To ensure that the right referred to in subparagraph (d) above is equally respected in cases of administrative detention, including administrative detentions in relation to public security legislation; (f) To ensure that the conditions of pretrial detention do not undermine the fairness of the trial; 5. Also encourages all States concerned to ensure that any measures taken to combat terrorism comply with their obligations to ensure protection against arbitrary detention, bearing in mind relevant recommendations of the Working Group; 6. Further encourages all States to ensure that immigrants in an irregular situation and asylum-seekers are protected from arbitrary arrest and detention and to take action to prevent any form of arbitrary deprivation of liberty of immigrants and asylumseekers, and notes with appreciation that some States have successfully implemented alternative measures to detention for undocumented migrants; 20 GE.09-17451