A/HRC/4/40 page 12 15. However, if the detained persons are denied the protection of the Third or Fourth Geneva Conventions, the Working Group considers that its mandate allows it to deal with communications arising from situations of international armed conflict. Lastly, the Working Group wishes to point out that a State’s jurisdiction and responsibility extend beyond its territorial boundaries. Thus, the Human Rights Committee has consistently held that the Convention can have extraterritorial application. 16. With regard to Opinion No. 46/2005 (Iraq/United States of America), the Government of the United States also stated that criminal proceedings against Saddam Hussein were ongoing and that the Working Group had recognized his opportunities to avail himself of domestic remedies. Such remedies had not been exhausted in this case. 17. As the Working Group noted in its last report (E/CN.4/2006/7, para. 11), the requirement to exhaust domestic remedies applies to communications to United Nations human rights treaty bodies but does not find application in the practice of the special procedures. On the contrary, as far as the Working Group is concerned, Commission resolution 1997/50 establishes that, as a rule, the Working Group shall deal with cases in which the national judiciary has not yet spoken its final word. In accordance with these principles, during its forty-sixth session the Working Group adopted a final Opinion on the case of Saddam Hussein (Opinion No. 31/2006) (Iraq/United States of America). 4. Communications giving rise to urgent appeals 18. During the period from 9 November 2005 to 8 November 2006, the Working Group transmitted 156 urgent appeals to 58 Governments concerning 1,615 individuals (1,394 men, 151 women, and 70 minors). In conformity with paragraphs 22 to 24 of its methods of work, the Working Group, without prejudging whether the detention was arbitrary, drew the attention of each of the Governments concerned to the specific case as reported, and appealed to them to take the necessary measures to ensure that the detained persons’ rights to life and to physical integrity were respected. 19. The following table provides an overview of the urgent appeals sent. Table 2 Urgent appeals Government concerned Algeria Armenia Azerbaijan Bahrain Belarus Bhutan Burundi Number of urgent appeals 1 1 3 1 2 1 3 Persons concerned Reply 2 men 1 man 7 men and 3 minors 7 men 217 men, 36 women, 45 minors 2 men 5 men Reply to 1 No reply Reply to 1 Reply to 1 No reply Reply to 1 No reply Persons released/ Information received by 2 (Source) 50 (Source) 2 (Source)

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