A/HRC/16/47
(d)
The action taken, including investigatory action or the exercise of internal
remedies, in terms of both approaches to the administrative and judicial authorities; as well
as the steps taken at the international or regional levels; the results of such action or the
reasons why such measures were ineffective or were not taken;
(e)
An account of the reasons why the deprivation of liberty is deemed arbitrary.
(f)
A report of all elements presented by the source which aim to inform the
Working Group on the full status of the reported situation, such as the beginning of a trial;
granting of provisional or definitive release; changes of incarceration conditions or venue,
or of any other similar circumstances. Furthermore, the absence of information or the
absence of a response by the source can authorize the Working Group to file the case.
11.
In order to facilitate the Working Group's work, it is hoped that communications will
be submitted using the model questionnaire available from the Working Group’s
Secretariat.
12.
Communications addressed to the Working Group may be received from the
individuals concerned, their families or their representatives. Such communications may
also be transmitted by Governments and intergovernmental and non-governmental
organizations as well as by national institutions for the promotion and the protection of
human rights. In dealing with communications, the Working Group will give consideration
to articles 9, 10 and 14 of the Code of Conduct for Special Procedures Mandate-Holders of
the Human Rights Council.
13.
In accordance with the provisions of paragraph 4 of resolution 1993/36 of the former
Human Rights Commission, the Working Group may, on its own initiative, take up cases
which might constitute arbitrary deprivation of liberty.
14.
When the Working Group is not in session, the Chair-Rapporteur, or in her/his
absence the Vice Chair, may decide to bring the case to the attention of the Government.
B.
Consideration of communications
15.
In the interest of ensuring mutual cooperation, communications shall be brought to
the attention of the Government and the reply of the latter shall be brought to the attention
of the source of the communication for its further comments. They shall be transmitted by
the Chair-Rapporteur of the Working Group or, if she/he is not available, by the Vice Chair.
In the case of Governments, the letter shall be transmitted through the Permanent
Representative to the United Nations Office at Geneva. It shall request the Government to
reply within sixty (60) days after having carried out such inquiries as may be appropriate so
as to furnish the Working Group with the fullest possible information. The communication
shall inform the Government that the Working Group is authorized to render an Opinion
determining whether the reported deprivation of liberty was arbitrary or not, if a reply is not
received by the Government within the time limit granted by the Working Group to the
Government.
16.
However, if the Government desires an extension of this time limit, it shall inform
the Working Group of the reasons for requesting one, so that it may be granted a further
period of a maximum of one month in which to reply. Even if no reply has been received
upon expiry of the time limit set, the Working Group may render an Opinion on the basis of
all the information it has obtained.
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