A/HRC/16/47
I.
Introduction
1.
The Working Group on Arbitrary Detention was established by the former
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. On 30 September 2010,
by its resolution 15/18, the Human Rights Council extended the Working Group’s mandate
for a further three-year period.
2.
During the period 1 January 2009 to 30 April 2010, Mr. Aslan Abashidze (Russian
Federation) was a member of the Working Group. He resigned and was replaced by Mr.
Vladimir Tochilovsky (Ukraine), who began his term of office on 1 May 2010. In addition
to Mr. Tochilovsky, the Working Group has consisted of Ms. Shaheen Sardar Ali
(Pakistan), Mr. Mads Andenas (Norway), Mr. Roberto Garretón (Chile) and Mr. El Hadji
Malick Sow (Senegal).
3.
On 25 November 2010, El Hadji Malick Sow was re-elected as Chair-Rapporteur of
the Working Group and Shaheen Sardar Ali as the Working Group’s Vice-Chair.
II.
Activities of the Working Group in 2010
4.
During the period 1 January to 30 November 2010, the Working Group held its
fifty-seventh, fifty-eighth and fifty-ninth sessions. By reason of budgetary constraints, it
was able to carry out only two official missions: to Malaysia (7-17 June 2010) and to
Armenia (6-15 September 2010) (see addenda 2 and 3).
5.
At the fourteenth session of the Human Rights Council, a global joint study into the
practice of secret detention was submitted (A/HRC/13/42). The study was prepared by the
Special Rapporteur on the Protection of Human Rights while Countering Terrorism, the
Special Rapporteur on Torture, the Chair-Rapporteur of the Working Group on Enforced or
Involuntary Disappearances and the Vice-Chair of the Working Group on Arbitrary
Detention.
6.
The Working Group devoted attention in 2010 to discussing preparations for its 20th
anniversary event in 2011. This commemorative event is planned to be held in November
and aims at bringing together various stakeholders to engage in a roundtable discussion on
issues relating to development of the work and jurisprudence of the Working Group as well
as identifying best practices to enhance its functions.
A.
1.
Handling of communications addressed to the Working Group during
2010
Communications transmitted to the Working Group during 2010
7.
A description of the cases transmitted and the contents of the replies of Governments
can be found in the respective Opinions adopted by the Working Group (A/HRC/16/47
Add.1).
8.
During its fifty-seventh, fifty-eighth and fifty-ninth sessions, the Working Group
adopted 33 Opinions concerning 98 persons in 23 countries. Some details of the Opinions
4
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