A/HRC/45/16
I. Introduction
1.
The Working Group on Arbitrary Detention was established by the Commission on
Human Rights in its resolution 1991/42. It was entrusted with the investigation of cases of
alleged arbitrary deprivation of liberty according to the standards set forth in the Universal
Declaration of Human Rights and the relevant international instruments accepted by the
States concerned. The mandate of the Working Group was clarified and extended by the
Commission in its resolution 1997/50 to cover the issue of administrative custody of asylum
seekers and immigrants. Pursuant to General Assembly resolution 60/251 and Human Rights
Council decision 1/102, the Council assumed the mandate of the Commission. The mandate
of the Working Group was extended for a three-year period in Council resolution 42/22 of
26 September 2019.
2.
During the period from 1 January to 31 December 2019, the Working Group was
composed of Sètondji Roland Jean-Baptiste Adjovi (Benin), José Antonio Guevara
Bermúdez (Mexico), Seong-Phil Hong (Republic of Korea), Elina Steinerte (Latvia) and
Leigh Toomey (Australia).
3.
Mr. Hong served as Chair-Rapporteur of the Working Group from April 2018 to April
2019, and Ms. Steinerte and Ms. Toomey as Vice-Chairs. At the eighty-fourth session of the
Working Group in April 2019, Mr. Guevara Bermúdez was elected as Chair-Rapporteur and
Ms. Steinerte and Ms. Toomey were re-elected as Vice-Chairs. Ms. Toomey was designated
focal point for reprisals and Ms. Steinerte was reappointed focal point on linkages between
torture and arbitrary deprivation of liberty.
4.
The Working Group learned with sadness that, on 22 September 2019, Louis Joinet
had passed away. Mr. Joinet played a key role in establishing the Working Group. In 1990,
the Commission on Human Rights requested its Sub-Commission on Prevention of
Discrimination and Protection of Minorities to undertake a study on arbitrary detention. Mr.
Joinet, an independent expert of the Sub-Commission, presented a report on the practice of
administrative detention that led to the adoption of Commission resolution 1991/42. During
his years as a member of the Working Group (from 1992 to 2003), Mr. Joinet put in place
procedures for the Working Group to carry out its mandate, laying the foundation for the
Working Group to develop as the only non-treaty-based human rights mechanism mandated
to consider individual complaints of arbitrary detention around the world. His legacy in
establishing the Working Group and his lifelong service in promoting and protecting human
rights will always be remembered.
II. Activities of the Working Group
5.
During the period from 1 January to 31 December 2019, the Working Group held its
eighty-fourth, eighty-fifth and eighty-sixth sessions.
6.
The Working Group also undertook a visit to Qatar, from 3 to 14 November 2019
(A/HRC/45/16/Add.2). From 2 to 13 December 2019, the Working Group conducted a
country visit to Greece (A/HRC/45/16/Add.1).
7.
In order to facilitate outreach and information-sharing, the Working Group met with
a group of non-governmental organizations during its eighty-fifth session to gather
information on issues relating to arbitrary deprivation of liberty and to enhance understanding
by civil society of the Working Group’s methods of work and its operations.
A.
Deliberations
8.
The Working Group continued to formulate deliberations on matters of a general
nature to assist States and stakeholders in preventing and addressing cases of arbitrary
deprivation of liberty.
9.
Deliberation No. 10 on reparations for arbitrary deprivation of liberty (annex I) was
adopted at the eighty-sixth session of the Working Group, in November 2019. In the
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