A/HRC/36/37
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 most recently extended for a threeyear period in Council resolution 33/30 of 30 September 2016.
2.
During the period 1 January-31 October 2016, the Working Group was composed of
Sètondji Roland Jean-Baptiste Adjovi (Benin), José Antonio Guevara Bermúdez (Mexico),
Seong-Phil Hong (Republic of Korea), Vladimir Tochilovsky (Ukraine) and Leigh Toomey
(Australia). On 1 November 2016, Elina Steinerte (Latvia) commenced her mandate as
member of the Working Group, replacing Mr. Tochilovsky.
3.
From April 2015 to April 2016, Mr. Hong served as Chair-Rapporteur of the
Working Group, and Mr. Adjovi and Mr. Guevara Bermúdez as Vice-Chairs. At the
seventy-fifth session of the Working Group, in April 2016, Mr. Adjovi was elected as
Chair-Rapporteur and Mr. Guevara Bermúdez and Ms. Toomey as Vice-Chairs.
II. Activities of the Working Group in 2016
4.
During the period 1 January-31 December 2016, the Working Group held its
seventy-fifth, seventy-sixth and seventy-seventh sessions. It also undertook two country
visits, to Azerbaijan (from 16 to 25 May 2016) and to the United States of America (from
11 to 24 October 2016) (see A/HRC/36/37/Add.1 and Add.2, respectively).
5.
In order to facilitate outreach and information-sharing, the Working Group held
consultations with regional groups of States in the context of its seventy-sixth session and
met with a group of non-governmental organizations (NGOs).
6.
On 28 November 2016, the Working Group, together with the Office of the United
Nations High Commissioner for Human Rights (OHCHR), organized a one-day event to
commemorate the twenty-fifth anniversary of its establishment. The commemorative event
took place at the Palais des Nations at Geneva, with the participation of a broad range of
relevant stakeholders, including former detainees, former members of the Working Group,
Member States, international organizations and representatives of civil society, including
NGOs.
7.
Introductory remarks were presented by the United Nations High Commissioner for
Human Rights, the President of the Human Rights Council, the Permanent Representative
of France to the United Nations at Geneva and the Chair-Rapporteur of the Working Group.
In the context of three panel discussions, participants discussed developments over the past
25 years; current challenges, including in the context of migration-related detention; and
lessons learned and the way forward.
A.
1.
Handling of communications addressed to the Working Group during
2016
Communications transmitted to Governments
8.
At its seventy-fifth, seventy-sixth and seventy-seventh sessions, the Working Group
adopted a total of 61 opinions concerning 201 persons in 38 countries (see the table below).
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