A/HRC/4/40
page 5
− Guarantees concerning detention of immigrants and asylum-seekers
(Deliberation No. 5);
− Legal Analysis of allegations against the International Criminal Tribunal for the
Former Yugoslavia (Deliberation No. 6);
− Issues related to psychiatric detention (Deliberation No. 7);
− Deprivation of liberty linked to/resulting from the use of the Internet
(Deliberation No. 8).
Deliberations Nos. 2 and 3 were adopted in response to specific questions which had been put
forward by a Government concerning the Working Group’s criteria and methods of work.
Furthermore, the Working Group adopted Legal Opinions on Allegations of detention ordered by
the International Criminal Tribunal for Rwanda and on the Deprivation of liberty of persons
detained in the naval base of Guantánamo Bay.
6.
Among the issues analysed over the years in the Working Group’s reports, the following
deserve particular mention:
− Applicability of provisions of conventions on human rights to States that are not party
to them;
− Interpretation of the term “detention”;
− Excesses of military justice;
− Abuses of states of emergency;
− Protection of human rights defenders;
− Detention prior to extradition and extradition not followed by trial;
− Detention of conscientious objectors;
− Arrest and detention for dissemination of State secrets;
− Protective custody and detention as a means of protecting victims;
− Imprisonment related to insolvency;
− Failure to take pretrial detention into account;
− Detention motivated by sexual orientation;
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