A/HRC/7/4
page 2
Summary
During 2007, the Working Group visited Norway and the Republics of Angola and
Equatorial Guinea at the invitation of the Governments of these countries. The reports on these
visits are contained in addenda 2, 3 and 4 to the present document.
During that period, the Working Group adopted 40 Opinions concerning 146 persons in
24 countries. These Opinions are contained in addendum 1 to the present document.
Also during the period 9 November 2006 to 30 November 2007, the Group transmitted a
total of 169 urgent appeals concerning 1,344 individuals, including 129 women, 119 boys and
4 girls, to 55 Governments. Governments informed the Working Group that they had taken
measures to remedy the situation of the detainees: in some cases, the detainees were released in
other cases, the Working Group was assured that the detainees concerned would enjoy fair trial
guarantees.
The Working Group has continued to develop its follow-up procedure and has sought to
engage in a continuous dialogue with those countries visited by the Group, in respect of which it
had recommended changes of domestic legislation governing detention. Information about the
implementation of the Working Group’s recommendations was received from the Governments
of Belarus and Latvia, countries visited by the Working Group in 2004.
The present report includes several issues which have given rise to concern during 2007. In
particular, the Working Group identifies several shortcomings it has observed in connection with
the detention of illegal immigrants and asylum-seekers. The Working Group recalls the
obligation of States to consider alternatives to administrative custody from which foreigners can
benefit.
The report also analyses the situation of certain vulnerable groups of detainees and
prisoners susceptible to sexual violence by co-inmates and prison staff, including minors, young
women, the mentally disabled, indigenous people, vulnerable men and the poor.
The Working Group recommends that States establish an effective complaint procedure to
assure that abuses do not go unpunished.
The Working Group reiterates its concerns that states of emergency are a root cause of
arbitrary detentions. It recalls that, in addition to those enumerated in article 4, paragraph 2 of the
International Covenant on Civil and Political Rights, certain other rights are non-derogable
during a state of emergency, such as the right to take proceedings before a court to enable the
court to decide without delay on the lawfulness of detention. The Working Group also reiterates
its concern about the recourse to military, special or emergency codes, especially in the context
of countering terrorism.
The report also considers the question of registration systems in detention facilities as well
as the establishment by law of time limits for pretrial detention.
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