A/HRC/33/50
March — the day the Working Group was created by the Commission for Human
Rights — is available and could therefore be proposed.
50.
It is unfortunate that these positive developments are met with a less than
enthusiastic response from the Member States. For example, Member States did not
reply to the Working Group’s communications and requests for information in 59 per
cent of the cases that in which the Working Group adopted an opinion in 2015. Recent
communications reports of the special procedure mandate holders reveal a similar
rate of response to urgent appeals sent by the Working Group alone or with other
special procedure mandate holders. Such lack of responsiveness raises a question
about the aim the Member States were pursuing in creating the mechanism. While
one must assume that the decision was made to serve the needs of victims worldwide
and for the Member States to hold each other accountable, the sole logical deduction
is that the States intended the mechanism to resolve the dispute brought by the
victims. Thus, the settlement by the Working Group should be enforced in that same
spirit, and that is the expectation of victims when they approach the Working Group
for assistance. That is also the meaning underlying the constant reminder of the
Human Rights Council for States to fully cooperate with the Working Group. It is
therefore fair to conclude the present report on the expectation that the next report of
the Working Group will reflect further cooperation by the States, both during the
communications procedure, in terms of providing timely responses that meaningfully
speak to the allegations made, and in the enforcement of the decisions made by the
Working Group.
IV. Recommendations
51.
The Working Group reiterates the recommendations made in its past reports.
52.
The Working Group recommends that Member States increase their
cooperation, especially with respect to country visits, urgent appeals and
communications, and the enforcement of Working Group opinions, with a view to
preventing and/or ending arbitrary detention.
53.
The Working Group also recommends that the Human Rights Council request
the General Assembly to declare 5 March as the international day against arbitrary
detention.
14
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