A/HRC/36/37
59.
The Working Group is working on addressing the large number of submissions
received, including through its regular communications procedure. To that end, the
adoption of opinions has been marked as a priority, and the Working Group is
considering other options in order to address its backlog. As such, the Working Group
strives to uphold the trust of victims, who continue to seek its assistance to remedy
violations of their right to liberty.
60.
At its seventy-sixth session, held in August 2016, the Working Group developed
a new follow-up procedure intended to ensure that it is able to track the
implementation of recommendations made in its opinions and inform the Human
Rights Council of the progress made by Governments in addressing cases involving
the arbitrary deprivation of liberty. The Working Group will continue to refine that
procedure and other aspects of its ability to follow up on the recommendations made
in its opinions, during country visits and in its reports following such visits.
Throughout 2016, and in accordance with paragraph 33 of its methods of work, the
Working Group has also considered its procedures on how to cooperate with other
special procedure mandate holders when issues concerning their work are raised in
the opinions of the Working Group and during its country visits.
61.
In that context, it is unfortunate that such positive developments are met with a
less than enthusiastic response from various Member States. For example, States did
not reply to the Working Group’s communications and requests for information in 63
per cent of the cases in which the Working Group adopted an opinion in 2016. Recent
reports of the special procedure mandate holders reveal a similar rate of response to
urgent appeals sent by the Working Group alone or with other special procedure
mandate holders.
62.
The Working Group notes that such a lack of responsiveness raises a question
about the aim of the Member States in creating the mechanism. Given that the
Working Group was created to serve the needs of victims of arbitrary arrests and
detention worldwide and for Member States to hold each other accountable, Member
States must have intended for the mechanism to resolve the disputes brought by the
victims. Thus, the opinions of the Working Group should be enforced in that same
spirit, which is the expectation of victims when they approach the Working Group for
assistance. That is also the motivation of the Human Rights Council when it reminds
States to cooperate fully with the Working Group, as it did most recently in its
resolution 33/30. It is therefore fair to conclude the present report with the
expectation that the next report of the Working Group will reflect further cooperation
by the States, both during the communications procedure, in terms of providing
timely responses that speak meaningfully to the allegations made, and in the
enforcement of the opinions of the Working Group.
VI. Recommendations
63.
The Working Group reiterates the recommendations made in its previous
reports.
64.
The Working Group recommends that Member States increase their
cooperation, especially through country visits, in their responses to urgent appeals
and communications and by enforcing its opinions, with the view of preventing and/or
ending arbitrary detention. The Working Group urges States to engage actively with
its follow-up procedure with regard to the implementation of the recommendations
made in its opinions.
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