Human Rights Council
Tenth Session
Resolution 10/9. Arbitrary detention
The Human Rights Council,
Reaffirming articles 3, 9, 10 and 29 and other relevant provisions of the Universal
Declaration of Human Rights,
Recalling articles 9, 10, 11, and 14 to 22 of the International Covenant on Civil and
Political Rights,
Recalling also Commission on Human Rights resolutions 1991/42 of 5 March 1991 and
1997/50 of 15 March 1997 and Council resolution 6/4 of 28 September 2007, in which the
Council extended the mandate of the Working Group on Arbitrary Detention for a further period
of three years,
1.
Stresses the importance of the work of the Working Group on Arbitrary Detention
and encourages it to pursue the fulfilment of its mandate, as set out in Council resolution 6/4;
2.
Takes note of the report of the Working Group (A/HRC/10/21), including the
recommendations contained therein;
3.
Requests the States concerned to take account of the Working Group’s views and,
where necessary, to take appropriate steps to remedy the situation of persons arbitrarily deprived
of their liberty and to inform the Working Group of the steps they have taken;
4.
Encourages all States:
(a)
To give due consideration to the recommendations of the Working Group;
(b) To take appropriate measures to ensure that their legislation, regulations and
practices remain in conformity with the relevant international standards and the applicable
international legal instruments;
(c) To respect and promote the right of anyone who is arrested or detained on a criminal
charge to be brought promptly before a judge or other officer authorized by law to exercise
judicial power and to be entitled to trial within a reasonable time or to release;
(d) To respect and promote the right of anyone who is deprived of his/her liberty by
arrest or detention to be entitled to bring proceedings before a court, in order that the court may
decide without delay on the lawfulness of his/her detention and order his/her release if the
detention is not lawful, in accordance with their international obligations;
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