A/HRC/39/45
United Nations
General Assembly
Distr.: General
2 July 2018
Original: English
Human Rights Council
Thirty-ninth session
10–28 September 2018
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Report of the Working Group on Arbitrary Detention
Note by the Secretariat
In 2017, the Working Group on Arbitrary Detention, under its regular procedure,
adopted 94 opinions concerning the detention of 225 persons in 48 countries. It also
transmitted 98 urgent appeals to 45 Governments concerning 311 individuals, and 41 letters
of allegations and other letters to 32 Governments. States informed the Working Group that
they had taken measures to remedy the situations of detainees, and in an increasing number
of cases the detainees were released. The Working Group is grateful to those Governments
that responded to its appeals and took steps to provide it with the information requested on
the situation of detainees.
The Working Group engaged in continuous dialogue with countries that it visited,
particularly in connection with the implementation of its recommendations. In 2017, the
Working Group undertook two country visits, to Argentina and Sri Lanka. The reports on
those visits are contained in addenda to the present report (A/HRC/39/45/Add.1 and
A/HRC/39/45/Add.2, respectively).
In the present report, the Working Group considers the issue of consular assistance
and diplomatic protection for persons deprived of liberty. It also examines the linkages
between arbitrary detention and instances of torture and ill-treatment.
In its recommendations, the Working Group calls for increased cooperation from
States, especially in relation to its requests for country visits, in relation to their responses
to its urgent appeals and communications, and for the enforcement of its opinions, with a
view to preventing and ending arbitrary detention. Furthermore, it calls upon the States
concerned to take appropriate measures to prevent acts of reprisal against individuals who
were the subject of an urgent appeal or opinion or who gave effect to a recommendation of
the Working Group.
In November 2017, the Working Group adopted its revised deliberation No. 5 on
deprivation of liberty of migrants, which is included in an annex to the present report.
GE.18-10869(E)
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents