A/HRC/30/36
In the present report, the Working Group analyses issues relating to detention in the
context of drug control and to peaceful protests and arbitrary detention, and emphasizes the
need of remedies for arbitrary detention as an imperative norm of international human
rights law. In most cases, including where release is not a remedy, the individual has a right
to compensation. Domestic law cannot erect barriers that would limit this right in the form
of immunities, jurisdictional limitation, procedural hurdles or defences based on an Act of
State doctrine.
In its recommendations the Working Group requests States to enforce the protection
of every person’s right to liberty under customary international law and to ensure that the
available guarantees and safeguards are extended to cover all forms of deprivation of
liberty, that persons are not held in pretrial detention for periods longer than those
prescribed by law, and that such persons are promptly brought before a judge.
The Working Group recommends that the Human Rights Council change the title of
the Working Group to the Working Group on Arbitrary Deprivation of Liberty and that it
request the Working Group to prepare an in-depth analysis of detention as a consequence of
international and national drug policies during 2016 and a report on the principles of
legality, proportionality, necessity and appropriateness applicable to avoid arbitrary
detention, during 2017.
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