A/HRC/10/21
page 24
ill-treatment. The purpose of such recommendations is to effectively prevent instances of
coerced confessions from occurring and to ensure that they will not be admitted as evidence in
courts during criminal trials.
70. Such measures have far-reaching implications, for example, with respect to the right to
privacy of the suspect, to the possibility of abuses when used during confidential meetings
between defence counsel and clients, or to costs in relation to effectiveness, also with a view to
different designs such measures may take. The Working Group feels that the issue warrants
further study and calls upon Governments and other stakeholders to provide the Working Group
with relevant information and share experiences made.
IV. CONCLUSIONS
71. The Working Group, in the fulfilment of its mandate, welcomes the cooperation it has
received from States, with regard to the responses by the Governments concerned
concerning cases brought to their attention. During 2008, the Working Group
adopted 46 Opinions concerning 183 persons in 22 countries.
72. The Working Group welcomes the invitations extended to it as well as the
cooperation on the part of Governments. The Working Group conducted four official visits
in 2008, to Colombia, Italy, Mauritania and Ukraine. Among all the requested country
visits, the Working Group has received invitations by the Governments of Malta, Senegal
and the United States of America. The Working Group reiterates its belief that its country
visits are essential in fulfilling its mandate. For Governments, these visits provide an
excellent opportunity to show developments and progress in detainees’ rights and the
respect for human rights, including the crucial right not to be arbitrarily deprived of
liberty. Further to this, the Working Group considers that future visits and follow-up visits
are of utmost importance.
73. The Working Group considers the question of detention in the context of
counter-terrorism. As such, the Working Group considers it necessary to reiterate the
prominent concern that, in the counter-terrorism context, some States continue to use
deprivation of liberty without charges or trial or other applicable procedural guarantees
against persons accused of terrorist acts; a practice the Group considers as contrary to
international human rights instruments. Specifically, the Working Group considers that
detained persons suspected of terrorist activities and/or acts shall be immediately informed
of such charges in line with relevant national legislation; they shall be brought before a
competent judicial authority; and they shall enjoy the effective right to habeas corpus. The
Working Group deems it appropriate to put forward a list of principles in conformity with
articles 9 and 10 of the Universal Declaration of Human Rights, and articles 9 and 14 of the
International Covenant on Civil and Political Rights, which may be used in the context of
measures countering terrorism.
74. The Working Group considers that, among other factors, corruption is detrimental to
the rule of law and on the effective fulfilment of human rights, including the right to be free
from arbitrary detention.
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