A/HRC/42/39
81.
Despite the adoption of streamlined processes, the Working Group continues to
face an ongoing backlog of cases. The Working Group is therefore gravely concerned
that it continues to have insufficient resources to exercise its mandate effectively,
particularly in relation to human resources to support the growing demands on the
mandate.
82.
The Working Group notes the slightly lower response rate from States under
its regular communications procedure. In particular, States provided a timely
response to the Working Group’s communications and requests for information in
approximately 55 per cent of the cases in which the Working Group adopted an
opinion in 2018, as opposed to 60 per cent in 2017.
83.
The Working Group has also taken note of an increased response rate in the
context of its follow-up procedure, both from sources and from Governments, with
responses having been received in more than 66 per cent of cases in which follow-up
information had been sought from the parties. However, an increased response rate
does not necessarily imply increased implementation of the opinions.
84.
Furthermore, the Working Group notes with grave concern that it continues to
receive information, including in the context of its follow-up procedure, on reprisals
suffered by individuals who have been the subject of an urgent appeal or an opinion
or whose cases have resulted in a recommendation by the Working Group.
V. Recommendations
85.
The Working Group calls on Member States to continue to increase their
cooperation, especially by responding positively to requests for country visits, through
their responses to urgent appeals and communications and by implementing the
Working Group’s opinions. The Working Group urges States to continue to engage
actively with its follow-up procedure.
86.
The Working Group encourages States to modify laws and practices on
military service, and in particular to comply with international norms that prohibit
the detention of persons for their conscientious objection to military service.
87.
The Working Group encourages sources and practitioners to make use of its
opinions in judicial proceedings. The Working Group also encourages judicial bodies
to contribute to the implementation of its opinions.
88.
The Working Group calls upon States to recognize the utility of detainee
registers as tools in the prevention of occurrences of arbitrary deprivation of liberty.
Such registers should be maintained at every place of deprivation of liberty.
89.
The Working Group also reiterates its call on the States concerned to take
appropriate measures to prevent acts of reprisal against individuals who have been
the subject of a communication by the Working Group, to combat impunity and to
provide victims with effective remedies.
90.
The Working Group urges Member States to provide adequate and predictable
human resources in order to allow it to fulfil its mandate in an effective and
sustainable manner.
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