A/HRC/42/39
deprivation of liberty such as institutions for persons with psychosocial disabilities, hostels
and shelters for asylum migrants and other such facilities. 25 These registers should clearly
note, in a unified manner, the requisite personal details of each detained person and record
the details of when, why and how the person arrived at the facility and the date of release or
transfer to another facility. Such registers must also record the steps taken to ensure that the
detention remains legal, including the dates on which the individual was presented before a
judicial authority for the periodic review of the legality of continued detention.
69.
The registers should be compiled and updated in such detail as to allow any
independent inspection or monitoring body, including the Working Group, to ascertain
whether the safeguards have been observed. This would always require not only the
recording of the date and time when the detainee arrived in the facility but also the date and
time of the arrest, to allow verification of whether the time spent in transit from the place of
arrest to the facility was excessive.
70.
The Working Group calls upon all States to review the use of detention registers in
all places of deprivation of liberty with a view to maximizing the use of these registers as
tools in the prevention of arbitrary detention.
C.
Use of the Working Group’s opinions in domestic proceedings
71.
Since introducing a new follow-up procedure in the concluding paragraphs of its
opinions in August 2016,26 the Working Group has continued to inform the Human Rights
Council of the progress made in addressing specific cases of arbitrary deprivation of liberty,
as well as any failure to take action. As part of this follow-up procedure, the Working
Group seeks information from sources and Governments on implementation of its
recommendations, including whether the victim has been released, whether compensation
or other reparations have been made, whether an investigation has been conducted into the
violation of the victim’s rights, whether changes have been made to harmonize the
domestic law and practice of the country with its international human rights obligations and
any other action taken to implement the opinion.
72.
The Working Group wishes to highlight the importance of national judiciaries in
implementing the recommendations made in its opinions, particularly in ordering the
release and compensation of detained individuals.27 During the reporting period, the
Working Group was informed that two of its opinions had been raised by defence counsel
during legal argument in domestic proceedings. According to the information received, the
Working Group’s opinions were taken into account by national courts in conditionally
releasing two detained individuals in Turkey,28 and during a public hearing before the
Supreme Court of the Republic of Korea on conscientious objection to military service and
its status under international human rights law.29 In the latter case, the Government
informed the Working Group that in November 2018, the Supreme Court reversed its
jurisprudence, which had previously considered the punishment of conscientious objectors
as necessary to public safety, and that this could result in detained objectors being eligible
to file a claim for compensation.30
73.
While the use of Working Group opinions in domestic proceedings has had a
positive impact in some cases, there is scope for greater use to be made of the opinions in
national courts. As the Working Group has confirmed in its jurisprudence, there is no
25
26
27
28
29
30
A/HRC/36/37, paras. 50–56.
A/HRC/36/37, paras. 10–11.
A/HRC/19/57, para. 82.
Minutes of judicial hearing of the Istanbul 37th Criminal Court, 3 July 2018 (citing opinion No.
11/2018).
Transcript of closing statements made in a public hearing held by the Supreme Court of the Republic
of Korea on 30 August 2018 (citing opinion No. 40/2018).
See opinion No. 69/2018, para. 15. See also the Government’s follow-up information, available at
www.ohchr.org/Documents/Issues/Detention/Opinions/ROK-Reply_to_letter_WGAD_2019-0225_10-50-23.pdf.
29
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