A/HRC/30/69
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 through an opinion. 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. Two weeks after their transmittal, they shall be communicated to
the source.
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 of review of opinions
21.
In exceptional circumstances, the Working Group may, at the request of the
Government concerned or the source, reconsider its opinions 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 the 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.
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 liberty and that the continuation of such deprivation
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents