A/HRC/33/66
C.
Action taken on communications
17.
In the light of the information obtained, the Working Group shall take one of the
following measures:
(a)
If the person has been released, for whatever reason, following the referral of
the case to the Working Group, the case is filed. The Working Group reserves the right to
render an opinion, on a case-by-case basis, whether or not the deprivation of liberty was
arbitrary, notwithstanding the release of the person concerned;
(b)
If the Working Group considers that the case is not one of arbitrary detention,
it shall render an opinion to that effect. The Working Group can also make
recommendations in this case if it considers it necessary;
(c)
If the Working Group considers that further information is required from the
Government or from the source, it may keep the case pending until that information is
received;
(d)
If the Working Group considers that the arbitrary nature of the detention is
established, it shall render an opinion to that effect and make recommendations to the
Government.
18.
The opinions rendered by the Working Group shall be transmitted to the
Government concerned. Forty-eight hours after their transmittal, they shall be
communicated to the source. An advance unedited version of the opinion will be published
online once the source has been notified.
19.
The opinions rendered by the Working Group shall be brought to the attention of the
Human Rights Council in its annual report.
20.
Governments, sources and other parties should inform the Working Group of the
follow-up action taken on the recommendations made by the Working Group in its opinion.
This will enable the Working Group to keep the Human Rights Council informed of the
progress made and of any difficulties encountered in implementing the recommendations,
as well as of any failure to take action.
D.
Procedure for review of opinions
21.
In exceptional circumstances, the Working Group may proprio motu reconsider its
opinions if it becomes aware of new facts that, if known at the time of the decision, would
have led the Working Group to a different outcome. The Working Group may also
reconsider its opinions at the request of the Government concerned or the source under the
following conditions:
(a)
If the facts on which the request is based are considered by the Working
Group to be entirely new and such as to have caused the Working Group to alter its
decision had it been aware of them;
(b)
If the facts had not been known or had not been accessible to the party
originating the request;
(c)
In a case where the request comes from a Government, on condition that the
latter has observed the time limit for reply referred to in paragraphs 15-16 above;
GE.16-11947
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