A/HRC/39/45
international obligation of a State under article 15 of the Convention against Torture. 21 The
Working Group thus reiterates that it is mindful of measures aimed at eliminating the
possibilities for the extraction of confessions through ill-treatment and torture, as these
could minimize the occurrence of situations of arbitrary detention.
64.
In addition, during its 2017 country visits to both Argentina and Sri Lanka, the
Working Group paid special attention to the implementation of the terms of the Optional
Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment and especially to the establishment of national preventive
mechanisms in those two countries. 22 Emphasizing that regular independent oversight over
all places of deprivation of liberty also has a significant role to play in reducing instances of
arbitrary detention, the Working Group has encouraged the respective Governments to
establish national preventive mechanisms that would be comprised of entities that are fully
independent of the executive, properly funded, and able to discharge their mandate
effectively by having unfettered access to a wide range of places of deprivation of liberty.
65.
The Working Group is liaising with the Committee against Torture, the
Subcommittee on Prevention of Torture, the Special Rapporteur on torture, and the United
Nations Voluntary Fund for Victims of Torture to ensure a common strategic approach to
the fight against torture, thus, in turn, contributing to the eradication of instances of
arbitrary detention.
66.
The Working Group invites all States that have not yet done so to become parties to
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment and to give early consideration to signing and ratifying the Optional Protocol
thereto as a matter of priority. The Working Group urges States to adopt, implement and
fully comply with legal and procedural safeguards against torture and other cruel, inhuman
or degrading treatment or punishment, as these contribute significantly to minimizing
instances of arbitrary detention. The Working Group also urges States to ensure that the
judiciary, and where relevant the prosecution, can be effective in ensuring compliance with
such safeguards.
IV. Conclusions
67.
During 2017, the Working Group continued its work on addressing the large
number of submissions received, including through its regular communications
procedure. To that end, the adoption of opinions was set as a priority, resulting in the
adoption of a total of 94 opinions, which constitutes a 35 per cent increase as
compared to 2016.
68.
The Working Group is also working to streamline the process for receiving and
responding to requests for its action, always keeping in mind the need to work as
effectively and promptly as possible and to keep all parties informed.
69.
The Working Group has also been refining its follow-up procedure, which was
adopted in August 2016, as well as other aspects of its ability to follow up on the
recommendations made in its opinions, during country visits and in the reports it
produces following such visits.
70.
In this context, the Working Group welcomes the increased cooperation from
States under its regular communications procedure, and the fact that the States
concerned provided a timely response to the Working Group’s communications and
requests for information in approximately 60 per cent of the cases in which the
Working Group adopted an opinion in 2017 (see the table that starts on page 4 above).
71.
The Working Group has also noticed an increased response rate in the context
of its follow-up procedure, both from sources and from Governments, with responses
having been received in more than 50 per cent of cases in which follow-up information
21
22
Ibid.
See A/HRC/39/45/Add.1 and A/HRC/39/45/Add.2.
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