A/HRC/10/21
page 2
Summary
During 2008, the Working Group on Arbitrary Detention visited Colombia, Italy,
Mauritania and Ukraine at the invitation of the Governments of these countries. The reports on
these visits are contained in the addenda to the present document (A/HRC/10/21/Add.2-5).
During the period from 1 December 2007 to 30 November 2008, the Working Group
adopted 46 Opinions concerning 183 persons in 22 countries. These Opinions are contained in
the first addendum to the present document (A/HRC/10/21/Add.1).
Also during this period, the Group transmitted a total of 130 urgent appeals concerning
1,256 individuals, including 57 women, 4 boys and 3 girls, to 44 Governments. Governments
informed the Working Group that they had taken measures to remedy the situation of the
detainees: in some cases, the detainees were released; in other cases, the Working Group was
assured that the detainees concerned would enjoy fair trial guarantees.
The Working Group has continued to develop its follow-up procedure and has sought to
engage in a continuous dialogue with those countries visited by the Working Group, in respect of
which it had recommended changes to domestic legislation governing detention or to adopt other
measures. Information about the implementation of the Working Group’s recommendations was
received from the Governments of Belarus, Canada, China, Ecuador and Turkey, countries
visited by the Working Group in 2004, 2005 and 2006, respectively.
The present report includes several issues which have given rise to concern during 2008.
In particular, the Working Group denounces the fact that an important proportion of the
9 million persons deprived of their liberty worldwide are unable to benefit from legal resources
and guarantees that they are entitled to for the conduct of their defence. Most do not have the
economic means to afford expensive and complex legal procedures. They not only have
difficulties in verifying the lawfulness of their detention, but also find themselves subject to lack
of an effective control of their other rights. Therefore, the Working Group proposes to the
Human Rights Council an extension of its mandate to include the monitoring of State
compliance with their obligations concerning all human rights of detained and imprisoned
persons.
The Working Group includes in its report a list of principles that it has elaborated
concerning deprivation of liberty of persons accused of acts of terrorism. It also proposes to hold
a special forum on the respect of the right not to be arbitrarily deprived of liberty in the
counter-terrorism context, giving special consideration to the methods and framework applied by
the States in emergency situations.
The Working Group notes that the corruption it has observed in some countries makes the
whole system of guarantees devoid of any content and reduces the credibility of the entire
administration of justice system. It calls upon States to become a party to the United Nations
Convention against Corruption, which recently entered into force.
Finally, the Working Group reiterates that immigrants in irregular situations should not be
qualified or treated as criminals nor viewed only from the perspective of national security.
Detention should be of the last resort, permissible only for the shortest period of time.
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