A/HRC/13/30 which would be arbitrary. The principle of proportionality requires that detention has a legitimate aim, which would not exist if there were no longer a real and tangible prospect of removal. 92. The use of habeas corpus, the strengthening of which the Working Group has recommended since its inception, is, contrary to article 9 (4) of the International Covenant on Civil and Political Rights, still weak or non-existent in some States, particularly with respect to administrative detention. 93. The immediate release of a person arbitrarily detained is typically the appropriate remedy, not only if the detention is arbitrary in terms of categories I and II as being manifestly devoid of any legal basis or resulting from the exercise of certain human rights, but also in terms of category III, given the grave nature of violations of the right to fair trial established by the Working Group when applying category III. For such remedy to be effective as required by article 2 (3) of the International Covenant on Civil and Political Rights, release requires the release of the (foreign) detainees arbitrarily deprived of their liberty into the territory of the detaining State. V. Recommendations 94. 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 to include the examination of conditions of detention around the world and the monitoring of State compliance with their obligations concerning all human rights of detained and imprisoned persons. 95. In view of an increase in information received on reprisals suffered by individuals subject to urgent appeals or Opinions, States are urged to cease any such practice. 96. States should take into account the findings and principles contained in the present report regarding the detention of migrants in an irregular situation, administrative detention and habeas corpus, and compliance with international human rights norms and standards preventing and prohibiting arbitrary detention, as well as appropriate remedies. 97. The Human Rights Council should consider the adoption of the draft principles on the administration of justice through military tribunals (E/CN.4/2006/58) prepared by the former Sub-Commission on the Promotion and Protection of Human Rights. Such principles are essential to prevent the abuses which the Working Group has been denouncing for some time. Without prejudice to the above, the Working Group proposes that such principles should be supplemented by withdrawing the trial of civilians and soldiers from the competence of military courts in cases of rebellion, sedition or any other offence which endangers or might endanger the stability of a democratic system. 98. The Working Group recommends that, as soon as it is informed of a declaration of a state of emergency or a State invokes an emergency situation, the Office of the United Nations High Commissioner for Human Rights should entrust one or more special procedures mandate holders to conduct an emergency mission to verify on the ground whether the state of emergency meets the criteria of exceptional circumstances, legality, duration, seriousness, necessity, publicity (or declaration), non-derogability, non-discriminatory application and compatibility with all the State’s other international obligations. 24 GE.10-10294