A/HRC/RES/15/18
2.
Takes note with interest of the latest report of the Working Group,1 including
the recommendations contained therein;
3.
Requests the States concerned to take account of the Working Group’s views
and, where necessary, to take appropriate steps to remedy the situation of persons arbitrarily
deprived of their liberty and to inform the Working Group of the steps they have taken;
4.
Encourages all States:
(a)
To give due consideration to the recommendations of the Working Group;
(b)
To take appropriate measures to ensure that their legislation, regulations and
practices remain in conformity with relevant international standards and the applicable
international legal instruments;
(c)
To respect and promote the right of anyone arrested or detained on a criminal
charge to be brought promptly before a judge or other officer authorized by law to exercise
judicial power, and to be entitled to trial within a reasonable time or release;
(d)
To respect and promote the right of anyone deprived of his or her liberty by
arrest or detention to bring proceedings before court, in order that the court may decide
without delay on the lawfulness of his or her detention and order his or her release if the
detention is not lawful, in accordance with their international obligations;
(e)
To ensure that the right referred to in subparagraph (d) above is equally
respected in cases of administrative detention, including administrative detentions in
relation to public security legislation;
(f)
To ensure that anyone who is arrested or detained on a criminal charge has
adequate time and facilities for the preparation of his or her defence, including the
opportunity to engage and communicate with counsel;
(g)
To ensure that the conditions of pretrial detention do not undermine the
fairness of the trial;
5.
Also encourages all States to cooperate with the Working Group, and to give
serious consideration to responding favourably to its requests for visits so that it may carry
out its mandate even more effectively;
6.
Notes with concern that a persistent proportion of urgent appeals of the
Working Group has been left unanswered, and urges the States concerned to give the
necessary attention to the urgent appeals addressed to them by the Working Group on a
strictly humanitarian basis and without prejudging its possible final conclusions, as well as
to the communication of the same case pursuant to the regular complaint procedure;
7.
Encourages the Working Group, in accordance with its working methods, to
continue to provide the concerned State with relevant and detailed information concerning
allegations of arbitrary detention in order to facilitate a prompt and substantive response to
these communications without prejudice to the need for the concerned State to cooperate
with the Working Group;
8.
Notes with deep concern that the Working Group has received increasing
information on reprisals suffered by individuals who were the subject of an urgent appeal or
opinion or who applied a recommendation of the Working Group, and calls upon the States
concerned to take appropriate measures to prevent such acts and to combat impunity by
1
2
A/HRC/13/30.
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