A/HRC/30/36 In the present report, the Working Group analyses issues relating to detention in the context of drug control and to peaceful protests and arbitrary detention, and emphasizes the need of remedies for arbitrary detention as an imperative norm of international human rights law. In most cases, including where release is not a remedy, the individual has a right to compensation. Domestic law cannot erect barriers that would limit this right in the form of immunities, jurisdictional limitation, procedural hurdles or defences based on an Act of State doctrine. In its recommendations the Working Group requests States to enforce the protection of every person’s right to liberty under customary international law and to ensure that the available guarantees and safeguards are extended to cover all forms of deprivation of liberty, that persons are not held in pretrial detention for periods longer than those prescribed by law, and that such persons are promptly brought before a judge. The Working Group recommends that the Human Rights Council change the title of the Working Group to the Working Group on Arbitrary Deprivation of Liberty and that it request the Working Group to prepare an in-depth analysis of detention as a consequence of international and national drug policies during 2016 and a report on the principles of legality, proportionality, necessity and appropriateness applicable to avoid arbitrary detention, during 2017. 2

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