A/HRC/4/40
page 12
15.
However, if the detained persons are denied the protection of the Third or Fourth Geneva
Conventions, the Working Group considers that its mandate allows it to deal with
communications arising from situations of international armed conflict. Lastly, the Working
Group wishes to point out that a State’s jurisdiction and responsibility extend beyond its
territorial boundaries. Thus, the Human Rights Committee has consistently held that the
Convention can have extraterritorial application.
16.
With regard to Opinion No. 46/2005 (Iraq/United States of America), the Government of
the United States also stated that criminal proceedings against Saddam Hussein were ongoing
and that the Working Group had recognized his opportunities to avail himself of domestic
remedies. Such remedies had not been exhausted in this case.
17.
As the Working Group noted in its last report (E/CN.4/2006/7, para. 11), the requirement
to exhaust domestic remedies applies to communications to United Nations human rights treaty
bodies but does not find application in the practice of the special procedures. On the contrary, as
far as the Working Group is concerned, Commission resolution 1997/50 establishes that, as a
rule, the Working Group shall deal with cases in which the national judiciary has not yet spoken
its final word. In accordance with these principles, during its forty-sixth session the Working
Group adopted a final Opinion on the case of Saddam Hussein (Opinion No. 31/2006)
(Iraq/United States of America).
4. Communications giving rise to urgent appeals
18.
During the period from 9 November 2005 to 8 November 2006, the Working Group
transmitted 156 urgent appeals to 58 Governments concerning 1,615 individuals (1,394 men,
151 women, and 70 minors). In conformity with paragraphs 22 to 24 of its methods of work, the
Working Group, without prejudging whether the detention was arbitrary, drew the attention of
each of the Governments concerned to the specific case as reported, and appealed to them to take
the necessary measures to ensure that the detained persons’ rights to life and to physical integrity
were respected.
19.
The following table provides an overview of the urgent appeals sent.
Table 2
Urgent appeals
Government
concerned
Algeria
Armenia
Azerbaijan
Bahrain
Belarus
Bhutan
Burundi
Number of
urgent
appeals
1
1
3
1
2
1
3
Persons concerned
Reply
2 men
1 man
7 men and 3 minors
7 men
217 men, 36 women,
45 minors
2 men
5 men
Reply to 1
No reply
Reply to 1
Reply to 1
No reply
Reply to 1
No reply
Persons released/
Information
received by
2 (Source)
50 (Source)
2 (Source)
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