A/HRC/RES/42/22
4.
Notes the efforts of the Working Group to elaborate 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 a court;
5.
Encourages all States:
(a)
To give due consideration to the opinions and appeals of the Working Group;
(b)
To take appropriate measures to ensure that their legislation, regulations and
practices remain in conformity with relevant international standards and the applicable
international legal instruments;
(c)
To respect and promote the right of anyone 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 be released;
(d)
To respect and promote the right of anyone deprived of his or her liberty by
arrest or detention to bring proceedings before court, in order that the court may decide
without delay on the lawfulness of his or her detention and order his or her release if the
detention is not lawful, in accordance with the State’s international obligations;
(e)
To ensure that the right referred to in subparagraph (d) above is equally
respected in cases of administrative detention, including administrative detentions in
relation to public security legislation;
(f)
To ensure that anyone who is arrested or detained on a criminal charge has
adequate time and facilities for the preparation of his or her defence, including the
opportunity to engage and communicate with the counsel of his or her choice;
(g)
To ensure that the conditions of pretrial detention do not undermine the
fairness of the trial;
(h)
To provide guarantees with respect to any form of detention against unlawful
or arbitrary deprivations of liberty;
(i)
To consider reviewing laws and practices that may give rise to arbitrary
detention, in accordance with the recommendations of the Working Group;
6.
Recognizes that persons who are unlawfully or arbitrarily deprived of their
liberty are vulnerable to extrajudicial killings, torture and other cruel, inhuman or degrading
treatment or punishment, and to other human rights violations;
7.
Encourages all States to cooperate with the Working Group and to give
serious consideration to responding favourably to its requests for visits so that it may carry
out its mandate even more effectively;
8.
Notes with concern that a persistently large proportion of urgent appeals of
the Working Group has been left unanswered, and urges the States concerned to give the
necessary attention to the urgent appeals addressed to them by the Working Group on a
strictly humanitarian basis and without prejudging its possible final conclusions, as well as
to the communication of the same case pursuant to the regular complaint procedure;
9.
Encourages the Working Group to, in accordance with its working methods,
continue to provide the State concerned with relevant and detailed information concerning
allegations of arbitrary detention in order to facilitate a prompt and substantive response to
these communications without prejudice to the need for the State concerned to cooperate
with the Working Group;
10.
Notes with deep concern that the Working Group has received increasing
information about reprisals suffered by individuals who were the subject of an urgent
appeal or opinion or who applied a recommendation of the Working Group, and calls upon
the States concerned to take appropriate measures to prevent such acts and to combat
impunity by bringing perpetrators to justice and by providing victims with appropriate
remedies;
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