A/HRC/16/47
I.
Introduction
1.
The methods of work take account of the specific features of the terms of reference
of the Working Group on Arbitrary Detention under former Commission on Human Rights
resolutions 1991/42, 1992/28, 1993/36, 1994/32, 1995/59, 1996/28, 1997/50, 1998/41,
1999/37, 2000/36, 2001/40, 2002/42, 2003/31, 2004/39 as well as by resolutions 6/4, 10/9
and 15/18 of the Human Rights Council. Resolution 1997/50 gives the Working Group not
only the task of informing the former Commission by means of a comprehensive report, but
also of “investigating cases of deprivation of liberty imposed arbitrarily” (para. 15).
II.
Functioning of the Working Group
2.
The Working Group on Arbitrary Detention was set up under Commission on
Human Rights resolution 1991/42. The initial mandate of the Working Group was renewed
by the former Commission and the Human Rights Council. The Council undertook the
mandate of the Working Group in accordance with decision 2006/102 and renewed the
mandate by resolutions 6/4 and 15/18. The Working Group’s mandate is considered for
renewal every three years.
3.
At the beginning of each renewed mandate the members of the Working Group elect
their Chair-Rapporteur and Vice-Chair for the term of the renewed mandate.
4.
The Working Group meets at least three times a year, for at least five to eight
working days, generally in Geneva.
5.
When the case under consideration or the country visit concerns a country of which
one of the members of the Working Group is a national, or in other situations where there
may be a conflict of interest, that member shall not participate in the discussion of the case,
in the visit or in the preparation of the report on the visit.
6.
During the course of its deliberations, when dealing with individual cases or
situations, the Working Group renders Opinions which are incorporated in its annual report
submitted to the Human Rights Council. The Opinions of the Working Group are the result
of consensus; where consensus is not reached, the view of a majority of the members of the
Working Group is adopted as the view of the Working Group.
III.
Implementation of the mandate of the Working Group
7.
The mandate of the Working Group is to investigate cases of deprivation of liberty
imposed arbitrarily. In the discharge of its mandate, the Working Group refers to the
relevant international standards set forth in the Universal Declaration of Human Rights, as
well as to the relevant international instruments accepted by the States concerned, in
particular the International Covenant on Civil and Political Rights; the Convention relating
to the Status of Refugees of 1951; the International Convention on the Elimination of All
Forms of Racial Discrimination, as well as, when appropriate, the following standards:
(a)
Body of Principles for the Protection of All Persons under Any Form of
Detention or Imprisonment;
(b)
(c)
Liberty;
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Standard Minimum Rules for the Treatment of Prisoners;
United Nations Rules for the Protection of Juveniles Deprived of their
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