A/HRC/33/66
V. Urgent action procedure
22.
A procedure known as “urgent action” may be resorted to in the following cases:
(a)
In cases in which there are sufficiently reliable allegations that a person is
being arbitrarily deprived of his or her liberty and that the continuation of such deprivation
constitutes a serious threat to that person’s health, physical or psychological integrity or
even to his or her life;
(b)
In cases in which, even when no such threat is alleged to exist, there are
particular circumstances that warrant an urgent action.
23.
After having transmitted an urgent appeal to the Government, the Working Group
may transmit the case through its regular procedure in order to render an opinion on
whether the deprivation of liberty was arbitrary or not. Such appeals, which are of a purely
humanitarian nature, in no way prejudge any opinion the Working Group may render. The
Government is required to respond separately for the urgent action procedure and the
regular procedure.
24.
The Chair-Rapporteur, or in his or her absence the Vice-Chairs (see para. 3 (c) and
(d) above), shall transmit the appeal by the most rapid means to the Minister for Foreign
Affairs through the Permanent Mission of the country concerned.
VI. Country visits
25.
For the purposes of completing its task, the Working Group frequently pays visits on
official mission. The visits are prepared in collaboration with the Government, the United
Nations agencies in the field and civil society representatives. The visits are an opportunity
for the Working Group to engage in direct dialogue with the Government concerned and
with representatives of civil society, with the aim of better understanding the situation of
deprivation of liberty in the country and the underlying reasons for arbitrary detention. An
important part of these missions are visits to detention centres, including penitentiaries,
prisons, police stations, detention centres for migrants and psychiatric hospitals.
26.
When the Working Group receives an invitation from a Government to conduct a
country visit, it responds by inviting the Permanent Representative of the State to the
United Nations Office at Geneva to a meeting to determine the dates and terms of the visit.
The secretariat of the Working Group initiates a dialogue with the parties involved in the
visit with a view to taking all practical measures to facilitate the mission. The preparation
for the visit is conducted in close cooperation with diplomatic authorities of the host
country and United Nations agencies.
27.
The Government must assure the Working Group that, during the visit, the Working
Group will have the opportunity to conduct meetings with the highest authorities of the
branches of the State (political, administrative, legislative and judicial authorities), that it
will be able to visit penitentiaries, prisons, police stations, immigration detention centres,
military prisons, detention centres for juveniles and psychiatric hospitals and that it will be
able to meet with all the authorities and officials who affect the personal liberty of persons
subjected to the jurisdiction of the host State. The Working Group shall also conduct
meetings with international bodies and agencies as well as with non-governmental
organizations, lawyers, bar associations and other professional associations of interest,
national human rights institutions, diplomatic and consular representatives and religious
authorities. Absolute confidentiality shall be guaranteed during the interviews between the
Working Group and persons deprived of their liberty. The Government shall guarantee
there will be no reprisals against persons interviewed by the Working Group.
6
GE.16-11947
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