A/HRC/30/36 (b) Ensure that the guarantees available against arbitrary arrest and detention are extended to all forms of deprivation of liberty, including house arrest; re-education through labour; prolonged periods of curfew; detention of migrants and asylum seekers; protective custody; detention for rehabilitation or treatment; and detention in transit areas and at border control checkpoints; (c) Ensure that persons are not held in pretrial detention for periods longer than those prescribed by law, and that they are promptly brought before a judge; (d) Remedy arbitrary detention, mainly by immediate release and compensation as required by international human rights conventions and customary international law, and assist the Working Group in the follow-up to its opinions in individual cases. 80. All measures of detention should be justified, adequate, necessary and proportional to the aim sought. 81. All persons subjected to a measure of detention should benefit at all stages from access to a lawyer of her or his choice and to effective legal assistance and representation. 82. All detainees should benefit from all minimum procedural guarantees, including the principle of equality of arms, the provision of adequate time and facilities for the preparation of the defence, proper access to evidence and guarantees against self-incrimination. 83. The Working Group requests the Human Rights Council to formally adopt the draft basic principles and guidelines on remedies and procedures on the right of anyone deprived of his or her liberty by arrest or detention to bring proceedings before court. 84. The Human Rights Council may wish to request the Working Group, with the support of OHCHR, to undertake an in-depth analysis of arbitrary detention as a consequence of international or national drug policies, taking into account the information provided by States, international and regional organizations, organs, agencies and bodies of the United Nations system, and other relevant stakeholders, and to submit to the Council a report thereon at the end of 2017. 85. The Human Rights Council may wish to request the Working Group to prepare, with the support of OHCHR, an analytical report on the principles of legality, proportionality, necessity and appropriateness applicable to avoid arbitrary detentions, taking into account the lessons learned and best practices of national legal systems and international and regional human rights mechanisms, for submission to the Council at the end of 2018. 86. The Human Rights Council may wish to remind States that they are under a positive obligation to provide an effective remedy for violations of international human rights law. 22

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