A/HRC/10/21
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75. The Working Group feels bound to reiterate that detention shall be the last resort
and permissible only for the shortest period of time, and that alternatives to detention shall
be sought whenever possible, all of which particularly concern the deprivation of liberty
applied to asylum-seekers, refugees and irregular migrants. Furthermore, the Working
Group feels that immigrants in irregular situations should not be qualified or treated as
criminals and viewed only from the perspective of national security.
76. Finally, the Working Group considers it most useful to reiterate its concern over the
deprivation of liberty imposed arbitrarily, and that a still important number of persons are
frequently unable to benefit from legal resources and guarantees to which they are entitled
for the conduct of their defence by law and by applicable human rights instruments.
V. RECOMMENDATIONS
77. The Working Group requests the Human Rights Council to adopt a resolution or
decision to provide additional funds for the Working Group to enable it to conduct at least
five country visits per year and relevant follow-up visits. This would put the Working
Group in a position to best use its potential as a group of five members and to discharge its
mandate more effectively.
78. The Working Group proposes to the Human Rights Council to expand the mandate
of the Working Group so as to include the monitoring of State compliance with their
obligations concerning all human rights of detained and imprisoned persons. The mandates
of the Special Rapporteur on prisons and conditions of detention in Africa of the African
Commission on Human and Peoples’ Rights as well as of the Rapporteurship on the rights
of persons deprived of liberty of the Inter-American Commission on Human Rights might
provide some guidance as to the scope of such extended mandate.
79. The Working Group proposes that the Human Rights Council consider organizing a
special forum, to deliberate and work on common positions necessary to guarantee the
respect for the right to be free from arbitrary detention in the counter-terrorism context.
This special forum should give special consideration to the methods and framework
applied by States, particularly in perceived emergency situations and will call for the
participation of representatives of all relevant special procedures and treaty bodies.
80. The Working Group recommends to States to take duly into account the principles
contained in the present report with respect to deprivation of liberty in the context of
measures countering terrorism and review their legislation and practice in the light of these
principles.
81. The Working Group calls on those States which have not yet become a party to the
United Nations Convention against Corruption to ratify, accept, approve or accede to it. It
further calls on all States to study the set of measures contained in this Convention for the
prevention and prosecution of corrupt practices and to seek the implementation of those
measures most suitable and adequate for their efforts in combating arbitrary detention.
82. With regard to detention of immigrants in an irregular situation the Working Group
reminds States that detention should be the last resort, and is permissible only for the
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