A/HRC/30/36
I. Introduction
1.
The Working Group on Arbitrary Detention was established by the Commission on
Human Rights in its resolution 1991/42 and entrusted with the investigation of instances of
alleged arbitrary deprivation of liberty, according to the standards set forth in the Universal
Declaration of Human Rights and the relevant international instruments accepted by the
States concerned. The mandate of the Working Group was clarified and extended by the
Commission in its resolution 1997/50 to cover the issue of administrative custody of
asylum seekers and immigrants. At its sixth session, the Human Rights Council assessed
and confirmed the mandate of the Working Group (Council resolution 6/4). On 26
September 2013, in its resolution 24/7, the Council extended the Working Group’s mandate
for a further three-year period.
2.
During the period 1 January–31 May 2014, the Working Group was composed of
Shaheen Sardar Ali (Pakistan), Mads Andenas (Norway), Roberto Garretón (Chile),
El Hadji Malick Sow (Senegal) and Vladimir Tochilovsky (Ukraine). On 1 June 2014,
Sètondji Roland Jean-Baptiste Adjovi (Benin) and José Antonio Guevara Bermúdez
(Mexico) started their functions as members of the Working Group, replacing Mr. Sow and
Mr. Garretón, respectively. On 1 August 2014, Seong-Phil Hong (Republic of Korea)
started his functions as a member of the Working Group, replacing Ms. Ali.
3.
During 2014, Mr. Andenas was the Chair-Rapporteur of the Working Group and
Vladimir Tochilovsky its Vice-Chair. At the seventy-second session of the Working Group,
Mr. Hong was elected as Chair-Rapporteur, Mr. Guevara Bermúdez as First Vice-Chair and
Mr. Adjovi as Second Vice-Chair.
II. Activities of the Working Group in 2014
4.
During the period 1 January to 31 December 2014, the Working Group held its
sixty-ninth, seventieth and seventy-first sessions. It undertook an official mission to New
Zealand, from 24 March to 7 April 2014, and two follow-up visits, one to Germany, from
12 to 14 November 2014 and one to Italy, from 7 to 9 July 2014 (see A/HRC/30/36/Add.2,
4 and 3, respectively).
5.
On 24 March 2014, the Government of Nauru cancelled the visit of the Working
Group scheduled to take place from 14 to 19 April 2014, owing to “unforeseen
circumstances”. The Government has not yet accepted the new visit dates proposed by the
Working Group.
6.
Pursuant to Human Rights Council resolution 20/16, the Working Group adopted at
its seventy-second session 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. The draft basic principles and guidelines are aimed at
assisting Member States in fulfilling their obligation to avoid arbitrary deprivation of
liberty, in compliance with international human rights law.
7.
The Working Group submitted to the Human Rights Council at its twenty-seventh
session a report in which it compiled international, regional and national legal frameworks
on the right to challenge the lawfulness of detention before court (A/HRC/27/47). The
report was based largely on the responses submitted by a wide range of stakeholders to a
questionnaire sent by the Working Group, in which it requested details on the treatment of
the right in the respective legal frameworks.
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