A/HRC/42/39
I. Introduction
1.
The Working Group on Arbitrary Detention was established by the Commission on
Human Rights in its resolution 1991/42. It was entrusted with the investigation of cases of
alleged arbitrary deprivation of liberty, according to the standards set forth in the Universal
Declaration of Human Rights and the relevant international instruments accepted by the
States concerned. The mandate of the Working Group was clarified and extended by the
Commission in its resolution 1997/50 to cover the issue of administrative custody of
asylum seekers and immigrants. Pursuant to General Assembly resolution 60/251 and
Human Rights Council decision 1/102, the Council assumed the mandate of the
Commission. The mandate of the Working Group was extended for a three-year period in
Council resolution 33/30 of 30 September 2016.
2.
During the period from 1 January to 31 December 2018, the Working Group was
composed of Sètondji Roland Jean-Baptiste Adjovi (Benin), José Antonio Guevara
Bermúdez (Mexico), Seong-Phil Hong (Republic of Korea), Elina Steinerte (Latvia) and
Leigh Toomey (Australia).
3.
Mr. Guevara Bermúdez served as Chair-Rapporteur of the Working Group from
April 2017 to April 2018, and Ms. Steinerte and Ms. Toomey as Vice-Chairs. At the eightyfirst session of the Working Group, held in April 2018, Mr. Hong was elected as ChairRapporteur and Ms. Steinerte and Ms. Toomey were re-elected as Vice-Chairs. Mr.
Guevara Bermúdez was designated focal point for reprisals and Ms. Steinerte was
appointed focal point on linkages between torture and arbitrary deprivation of liberty.
II. Activities of the Working Group
4.
During the period from 1 January to 31 December 2018, the Working Group held its
eighty-first, eighty-second and eighty-third sessions.
5.
The Working Group also undertook a follow-up visit to Hungary. The visit,
scheduled to take place from 12 to 16 November 2018, was suspended. From 14 to 24
January 2019, the Working Group conducted a country visit to Bhutan
(A/HRC/42/39/Add.1).
6.
In order to facilitate outreach and information-sharing, the Working Group met with
a group of non-governmental organizations during its eighty-second session to gather
information on issues relating to arbitrary deprivation of liberty and to enhance
understanding by civil society of the Working Group’s methods of work and its operations.
7.
During its eighty-first session, the Working Group held a meeting with the
Committee against Torture to consider approaches to the prevention of torture and arbitrary
detention. The two bodies agreed to hold coordination meetings regularly.
A.
1.
Handling of communications addressed to the Working Group during
2018
Communications transmitted to Governments
8.
At its eighty-first, eighty-second and eighty-third sessions, the Working Group
adopted a total of 90 opinions concerning 246 persons in 47 countries (see the table below).
2.
Opinions of the Working Group
9.
Pursuant to its methods of work (A/HRC/36/38), in addressing its opinions to
Governments, the Working Group drew their attention to Commission on Human Rights
resolutions 1997/50 and 2003/31 and Human Rights Council resolutions 6/4, 24/7 and
33/30, in which those bodies requested States to take account of the Working Group’s
opinions and, where necessary, to take appropriate steps to remedy the situation of persons
arbitrarily deprived of their liberty and to inform the Working Group of the steps they had
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