A/HRC/13/30
an irregular situation and those of asylum-seekers and refugees are still not fully
guaranteed. It emphasizes in the present report that where obstacles to the removal of
detained migrants do not lie within their sphere of responsibility, the principle of
proportionality requires that they should be released. The report also examines the question
of detention in connection with military tribunals and states of emergency.
The Working Group observes that a weak or non-existent institution of habeas
corpus still prevails in some States, particularly in the context of administrative detention,
despite recommendations addressed to States since the inception of the Working Group in
1991, aimed at strengthening this common law prerogative writ.
On the basis of an analysis of its jurisprudence and recommendations on compliance
with international human rights norms, standards and remedies, the Working Group
concludes that the typical remedy for arbitrarily detained individuals is their immediate
release. This includes the release of (foreign) detainees arbitrarily deprived of their liberty
into the territory of the detaining State.
The Working Group also raises concerns over an increase in information received
on reprisals suffered by individuals who were the subject of an urgent appeal or Opinion.
The Working Group has decided to devote particular attention in 2010 to the issues
of video and audio surveillance in interrogation rooms, alternatives to detention, the
detention of drug users, and a revision of its methods of work.
To enable the Working Group to report more systematically and comprehensively, it
reiterates its proposal to the Human Rights Council to expand the mandate of the Working
Group, if renewed in 2010, so as to include the examination of conditions of detention
around the world, and the monitoring of State compliance with obligations concerning all
human rights of detained and imprisoned persons.
2
GE.10-10294
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