A/HRC/30/36
(b)
Ensure that the guarantees available against arbitrary arrest and
detention are extended to all forms of deprivation of liberty, including house arrest;
re-education through labour; prolonged periods of curfew; detention of migrants and
asylum seekers; protective custody; detention for rehabilitation or treatment; and
detention in transit areas and at border control checkpoints;
(c)
Ensure that persons are not held in pretrial detention for periods longer
than those prescribed by law, and that they are promptly brought before a judge;
(d)
Remedy arbitrary detention, mainly by immediate release and
compensation as required by international human rights conventions and customary
international law, and assist the Working Group in the follow-up to its opinions in
individual cases.
80.
All measures of detention should be justified, adequate, necessary and
proportional to the aim sought.
81.
All persons subjected to a measure of detention should benefit at all stages from
access to a lawyer of her or his choice and to effective legal assistance and
representation.
82.
All detainees should benefit from all minimum procedural guarantees,
including the principle of equality of arms, the provision of adequate time and
facilities for the preparation of the defence, proper access to evidence and guarantees
against self-incrimination.
83.
The Working Group requests the Human Rights Council to formally adopt the
draft basic principles and guidelines on remedies and procedures on the right of
anyone deprived of his or her liberty by arrest or detention to bring proceedings
before court.
84.
The Human Rights Council may wish to request the Working Group, with the
support of OHCHR, to undertake an in-depth analysis of arbitrary detention as a
consequence of international or national drug policies, taking into account the
information provided by States, international and regional organizations, organs,
agencies and bodies of the United Nations system, and other relevant stakeholders,
and to submit to the Council a report thereon at the end of 2017.
85.
The Human Rights Council may wish to request the Working Group to
prepare, with the support of OHCHR, an analytical report on the principles of
legality, proportionality, necessity and appropriateness applicable to avoid arbitrary
detentions, taking into account the lessons learned and best practices of national legal
systems and international and regional human rights mechanisms, for submission to
the Council at the end of 2018.
86.
The Human Rights Council may wish to remind States that they are under a
positive obligation to provide an effective remedy for violations of international
human rights law.
22
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