(e) To ensure that the right referred to in subparagraph (d) above is equally respected in
cases of administrative detention, including administrative detentions in relation to public
security legislation;
(f)
the trial;
To ensure that the conditions of pretrial detention do not undermine the fairness of
5.
Also encourages all States concerned to ensure that any measures taken to combat
terrorism comply with their obligations to ensure protection against arbitrary detention, bearing
in mind relevant recommendations of the Working Group;
6.
Further encourages all States to ensure that immigrants in an irregular situation and
asylum-seekers are protected from arbitrary arrest and detention and to take action to prevent any
form of arbitrary deprivation of liberty of immigrants and asylum-seekers, and notes with
appreciation that some States have successfully implemented alternative measures to detention
for undocumented migrants;
7.
Notes with concern the comments made by the Working Group in its report
(A/HRC/10/21) on the effects caused by corruption on the effective protection of human rights,
including the right not to be subject to arbitrary detention;
8.
Encourages all States to cooperate with the Working Group, and to give serious
consideration to responding favourably to its requests for visits so that it may carry out its
mandate even more effectively;
9.
Notes with concern that a persistent proportion of urgent appeals of the Working
Group has been left unanswered, and urges the States concerned to give the necessary attention
to the urgent appeals addressed to them by the Working Group on a strictly humanitarian basis
and without prejudging its possible final conclusions;
10. Expresses its profound thanks to the States that have extended their cooperation to
the Working Group and responded to its requests for information, and invites all States
concerned to demonstrate the same spirit of cooperation;
11. Notes with satisfaction that the Working Group has been informed of the release of
some of the individuals whose situation has been brought to its attention, while deploring the
many cases that have not yet been resolved;
12. Requests the Secretary-General to ensure that the Working Group receives all
necessary assistance, particularly with regard to the staffing and resources needed for the
effective fulfilment of its mandate, especially in respect of field missions;
13.
Decides to continue consideration of the matter in conformity with its programme of
work.
42nd meeting
26 March 2009
[Adopted without a vote.]
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