A/HRC/42/39
requirement in its methods of work that domestic remedies be exhausted in order for a
communication to be considered admissible.31 As a result, the Working Group’s opinions
are often available before domestic proceedings are concluded, and therefore have the
potential to influence the findings and outcomes involving individuals who have been
arbitrarily deprived of their liberty. As the Working Group has previously observed:
[W]hen national courts are determining the extent of international law obligations
that may have a direct or indirect effect on matters before them, the reports and
Opinions of the Working Group have provided assistance. This also applies when a
national court considers a detention that the Working Group has declared arbitrary in
violation of international law. The effectiveness of international human rights
protection requires that all national authorities observe international law
obligations.32
74.
The Working Group has on occasion reminded a State that the duty to comply with
international human rights rests not only with the Government but with all officials,
including judges, prosecutors, police and security officers and prison officers with relevant
responsibilities.
75.
In addition, the Working Group’s opinions have served as a source of information
for judges in domestic proceedings in the interpretation and application of national law in
accordance with contemporary developments in international human rights law, 33 as a
means of raising awareness among the public of their human rights and in providing
support to and generating momentum among national actors seeking to change detention
laws and practices.
76.
The Working Group strongly encourages sources and Governments, as well as any
other interested parties, to bring the Working Group’s opinions before national courts and
to report on the proceedings as part of the follow-up procedure.34 As demonstrated in the
above examples, informing the Working Group of the use of its opinions in domestic
proceedings is an opportunity to highlight the important work being undertaken to bring
domestic law and practice into conformity with the expectations of the international
community.
D.
Measures to ensure comprehensive reparations in cases of arbitrary
detention
77.
The Working Group is undertaking a review of measures to ensure comprehensive
reparations in cases of arbitrary detention with a view to developing further analysis of this
issue.
IV. Conclusions
78.
During 2018, the Working Group continued its work on addressing the large
number of submissions received, including through its regular communications
procedure. To that end, the adoption of opinions was set as a priority, resulting in the
adoption of a total of 90 opinions.
79.
The Working Group has continued to work to streamline the process for
receiving and responding to requests for its action, always keeping in mind the need to
work as effectively and promptly as possible and to keep all parties informed.
80.
The Working Group has also been continuing to refine its follow-up procedure
as well as other aspects of its ability to follow up on the recommendations made in its
opinions and country visit reports.
31
32
33
34
30
See opinions No. 11/2000, No. 19/2013, No. 38/2017, No. 41/2017 and No. 11/2018.
A/HRC/19/57, para. 67.
A/HRC/22/44, para. 65.
A/HRC/36/38, para. 20.
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