A/HRC/30/69
(d)
The action taken, including investigatory action or the exercise of internal
remedies, by the administrative and judicial authorities, as well as the steps taken at the
international or regional levels, and the results of such action or the reasons why such
measures were ineffective or were not taken;
(e)
An account of the reasons why the deprivation of liberty is deemed arbitrary;
(f)
A report of all elements presented by the source that aim to inform the
Working Group on the full status of the reported situation, such as the beginning of a trial;
the granting of provisional or definitive release; and changes of incarceration conditions or
venue or of any other similar circumstances. An absence of information or an absence of a
response by the source may lead the Working Group to terminate its consideration of the
case.
11.
In order to facilitate the Working Group’s work, it is hoped that communications
will be submitted using the model questionnaire available from the Working Group’s
secretariat.
12.
Communications addressed to the Working Group may be received from the
individuals concerned, their families or their representatives. Such communications may
also be transmitted by Governments and intergovernmental and non-governmental
organizations as well as by national institutions for the promotion and the protection of
human rights. In dealing with communications, the Working Group will give consideration
to articles 9, 10 and 14 of the Code of Conduct for Special Procedures Mandate-Holders of
the Human Rights Council.
13.
In accordance with the provisions of paragraph 4 of Human Rights Commission
resolution 1993/36, the Working Group may, on its own initiative, take up cases that might
constitute arbitrary deprivation of liberty.
14.
When the Working Group is not in session, the Chair-Rapporteur, or in her/his
absence the First Vice-Chair (see para. 3 (c) and (d)), may decide to bring the case to the
attention of the Government.
B.
Consideration of communications
15.
In the interest of ensuring mutual cooperation, communications shall be brought to the
attention of the Government and the reply of the latter shall be brought to the attention of the
source of the communication for its further comments. They shall be transmitted by the ChairRapporteur of the Working Group or, if she or he is not available, by the First Vice-Chair (see
para. 3 (c) and (d)). In the case of Governments, the letter shall be transmitted through the
Permanent Representative to the United Nations Office at Geneva. In the letter the Working
Group shall request the Government to reply within 60 days, during which appropriate
inquiries may be carried out by the Government so as to furnish the Working Group with the
fullest possible information. In the letter the Working Group shall also inform the
Government that the Working Group is authorized to render an opinion determining whether
the reported deprivation of liberty was arbitrary or not. If a reply is not received from the
Government within the time limit, the Working Group may render an opinion on the basis of
the information submitted by the source.
16.
However, if the Government desires an extension of this time limit, it shall inform
the Working Group of the reasons for requesting one, so that it may be granted a further
period of a maximum of one month in which to reply. Even if no reply has been received
upon expiry of the time limit set, the Working Group may render an opinion on the basis of
all the information it has obtained.
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