A/HRC/36/38
(b)
If the Working Group considers that the case is not one of arbitrary detention,
it shall render an opinion to that effect. The Working Group can also make
recommendations in this case if it considers it necessary;
(c)
If the Working Group considers that further information is required from the
Government or from the source, it may keep the case pending until that information is
received;
(d)
If the Working Group considers that the arbitrary nature of the detention is
established, it shall render an opinion to that effect and make recommendations to the
Government.
18.
The opinions rendered by the Working Group shall be transmitted to the
Government concerned. Forty-eight hours after their transmittal, they shall be
communicated to the source. An advance unedited version of the opinion will be published
online once the source has been notified.
19.
The opinions rendered by the Working Group shall be brought to the attention of the
Human Rights Council in its annual report.
20.
Governments, sources and other parties should inform the Working Group of the
follow-up action taken on the recommendations made by the Working Group in its opinion.
This will enable the Working Group to keep the Human Rights Council informed of the
progress made and of any difficulties encountered in implementing the recommendations,
as well as of any failure to take action.
D.
Procedure for review of opinions
21.
In exceptional circumstances, the Working Group may proprio motu reconsider its
opinions if it becomes aware of new facts that, if known at the time of the decision, would
have led the Working Group to a different outcome. The Working Group may also
reconsider its opinions at the request of the Government concerned or the source under the
following conditions:
(a)
If the facts on which the request is based are considered by the Working
Group to be entirely new and such as to have caused the Working Group to alter its
decision had it been aware of them;
(b)
If the facts had not been known or had not been accessible to the party
originating the request;
(c)
In a case where the request comes from a Government, on condition that the
latter has observed the time limit for reply referred to in paragraphs 15-16 above;
V. Urgent action procedure
22.
A procedure known as “urgent action” may be resorted to in the following cases:
(a)
In cases in which there are sufficiently reliable allegations that a person is
being arbitrarily deprived of his or her liberty and that the continuation of such deprivation
constitutes a serious threat to that person’s health, physical or psychological integrity or
even to his or her life;
(b)
In cases in which, even when no such threat is alleged to exist, there are
particular circumstances that warrant an urgent action.
23.
After having transmitted an urgent appeal to the Government, the Working Group
may transmit the case through its regular procedure in order to render an opinion on
whether the deprivation of liberty was arbitrary or not. Such appeals, which are of a purely
humanitarian nature, in no way prejudge any opinion the Working Group may render. The
Government is required to respond separately for the urgent action procedure and the
regular procedure.
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents