A/HRC/27/47
United Nations
General Assembly
Distr.: General
30 June 2014
Original: English
Human Rights Council
Twenty-seventh session
Agenda item 3
Promotion and protection of all human rights,
civil, political, economic, social and cultural rights,
including the right to development
Report of the Working Group on Arbitrary Detention*
A compilation of national, regional and international laws, regulations
and practices on the right to challenge the lawfulness of detention
before court
Chair-Rapporteur: Mads Andenas
Summary
The present report, submitted pursuant to Human Rights Council resolution
20/16, provides an overview of the national, regional and international laws, regulations
and practices on the right of anyone deprived of his or her liberty by arrest or detention
to bring proceedings before court, in order that the court may decide without delay on
the lawfulness of his or her detention and order his or her release if the detention is not
lawful.
In that regard, the Working Group on Arbitrary Detention sought, by means of a
questionnaire, the views of States, relevant United Nations agencies, intergovernmental
organizations, treaty bodies, particularly the Human Rights Committee, other special
procedures, national human rights institutions, non-governmental organizations and
other relevant stakeholders.
The report is a compilation of the information submitted by stakeholders and is
the result of an independent review of relevant international and regional legal
frameworks. This exercise was undertaken as a first step in the Working Group’s
preparation of draft basic principles and guidelines on remedies and procedures on the
right of anyone deprived of his or her liberty to challenge the lawfulness of detention
before court.
* The annex to the present report is circulated in the language of submission only.
GE.14-07008 (E)
*1407008*
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