A/HRC/36/38
(i)
The United Nations Basic Principles and Guidelines on Remedies and
Procedures on the Right of Anyone Deprived of Their Liberty to Bring Proceedings Before
a Court.
8.
As a general rule, in dealing with situations of arbitrary deprivation of liberty within
the meaning of paragraph 15 of resolution 1997/50, the Working Group shall refer, in the
discharge of its mandate, to the following five legal categories:
(a)
When it is clearly impossible to invoke any legal basis justifying the
deprivation of liberty, as when a person is kept in detention after the completion of his or
her sentence or despite an amnesty law applicable to him or her (category I);
(b)
When the deprivation of liberty results from the exercise of the rights or
freedoms guaranteed by articles 7, 13-14 and 18-21 of the Universal Declaration of Human
Rights and, insofar as States parties are concerned, by articles 12, 18-19, 21-22 and 25-27
of the International Covenant on Civil and Political Rights (category II);
(c)
When the total or partial non-observance of the international norms relating
to the right to a fair trial, established in the Universal Declaration of Human Rights and in
the relevant international instruments accepted by the States concerned, is of such gravity
as to give the deprivation of liberty an arbitrary character (category III);
(d)
When asylum seekers, immigrants or refugees are subjected to prolonged
administrative custody without the possibility of administrative or judicial review or
remedy (category IV);
(e)
When the deprivation of liberty constitutes a violation of international law on
the grounds of discrimination based on birth, national, ethnic or social origin, language,
religion, economic condition, political or other opinion, gender, sexual orientation,
disability, or any other status, that aims towards or can result in ignoring the equality of
human beings (category V).
IV. Submission and consideration of communications
A.
Submission of communications to the Working Group
9.
Communications shall be submitted in writing and addressed to the secretariat,
giving the family name, first name and address of the sender and (optionally) his or her
telephone, telex and telefax numbers or e-mail address.
10.
As far as possible, each case shall form the subject of a presentation indicating the
circumstances of the arrest or detention and the family name, first name and any other
information making it possible to identify the person detained, as well as the latter’s legal
status, particularly:
(a)
The date and place of the arrest or detention or of any other form of
deprivation of liberty and the identity of those presumed to have carried it out, together
with any other information shedding light on the circumstances in which the person was
deprived of liberty;
(b)
liberty;
(c)
The reasons given by the authorities for the arrest, detention or deprivation of
The legislation applied in the case;
(d)
The action taken, including investigatory action or the exercise of internal
remedies, by the administrative and judicial authorities, as well as the steps taken at the
international or regional levels, and the results of such action or the reasons why such
measures were ineffective or were not taken;
(e)
An account of the reasons why the deprivation of liberty is deemed arbitrary;
(f)
A report of all elements presented by the source that aim to inform the
Working Group on the full status of the reported situation, such as the beginning of a trial;
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