A/HRC/16/47
constitutes a serious threat to that person's health, physical or psychological integrity or
even to her/his life;
(b)
In cases in which, even when no such threat is alleged to exist, there are
particular circumstances that warrant an urgent action.
23.
After having transmitted an urgent appeal to the Government, the Working Group
may transmit the case through its regular procedure in order to render an Opinion on
whether the deprivation of liberty was arbitrary or not. Such appeals – which are of a purely
humanitarian nature – in no way prejudge any Opinion the Working Group may render. The
Government is required to respond separately for the urgent action procedure and the
regular procedure.
24.
The Chair-Rapporteur, or in his/her absence the Vice-Chair, shall transmit the appeal
by the most rapid means to the Minister for Foreign Affairs through the Permanent Mission
of the country concerned.
VI.
Country visits
25.
For the purposes of completing its task, the Working Group frequently pays visits on
official mission. These visits are prepared in collaboration with the Government, the United
Nations agencies in the field and with civil society representatives. The visits are an
opportunity for the Working Group to engage in direct dialogue with the Government in
question and with representatives of civil society, with the aim of better understanding the
situation of deprivation of liberty in the country and the underlying reasons for arbitrary
detention. An important part of these missions are visits to detention centres, including
penitentiaries, prisons, police stations, detention centres for migrants and psychiatric
hospitals.
26.
When the Working Group receives an invitation by a Government to conduct a
country visit, the Working Group responds by inviting the Permanent Representative of the
State to the United Nations Office at Geneva to a meeting to determine the dates and terms
of the country visit. The Secretariat of the Working Group initiates a dialogue with the
parties involved in the visit with a view to taking all practical measures to facilitate the
mission. The preparation for the visit is conducted in close cooperation with diplomatic
authorities of the host country and United Nations agencies.
27.
The Government must assure the Working Group that, during the visit, the Working
Group will have the opportunity to conduct meetings with the highest authorities of the
branches of the State (political, administrative, legislative and judicial authorities) and that
it will be able to visit penitentiaries, prisons, police stations, immigration detention centres,
military prisons, detention centres for juveniles and psychiatric hospitals. It will be able to
meet with all the authorities and officials who affect the personal liberty of persons
subjected to the jurisdiction of the host State. The Working Group shall also conduct
meetings with international bodies and agencies as well as non-governmental organizations,
lawyers, bar associations and other professional associations of interest, national human
rights institutions, diplomatic and consular representatives and religious authorities.
Absolute confidentiality shall be guaranteed during the interviews between the Working
Group and persons deprived of their liberty. The Government shall guarantee there will be
no reprisals against persons interviewed by the Working Group.
28.
The Working Group shall conduct at least two visits per year, and its delegation will
be composed of at least two of its members.
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