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The Working Group on Arbitrary Detention About the Working Group on Arbitrary Detention About the mandate of the Working Group What this mechanism can do to assist you How to submit a complaint to the Working Group Further information about the Working Group About the Working Group on Arbitrary Detention The Working Group is a universal mechanism. It applies to all countries in the world. The Working Group was established by the UN Commission on Human Rights and not under a treaty. Therefore, it does not have any treaty (international legal) powers to compel a government to take action or to stop violating human rights. What it aims to do is help victims and the relatives of persons who have been arbitrarily detained by raising individual cases with the government concerned. The Working Group has 7 members who have been appointed to act in an independent capacity. It meets 3 times a year to consider cases submitted to it. However it also operates an 'urgent action procedure' throughout the year to deal with new cases brought to its attention. About the mandate of the Working Group on Arbitrary Detention The Working Group has been mandated to: (a) investigate cases of detention imposed arbitrarily or otherwise inconsistently with relevant international standards set forth in the Universal Declaration of Human Rights or in the relevant international legal instruments accepted by the States concerned provided that no final decision has been taken in such cases by domestic courts in conformity with domestic law; (b) seek and receive information from Government and intergovernmental and non-governmental organizations, and receive information from the individuals concerned, their families or their representatives; (c) present a comprehensive report to the Commission at its annual session. There is no clear definition of arbitrary detention in international law. However the Working Group has defined it as detention which is contrary to the human rights provisions of the major international human rights instruments. More specifically, the Working Group has defined 3 categories of arbitrary detention: 1. Where there is no legal basis for the deprivation of liberty (for example when a person is kept in detention after the completion of their prison sentence or despite an amnesty law applicable to them); 2. When a person is deprived of their liberty because they have exercised the rights and freedoms guaranteed in the UDHR and the ICCPR. 3. When a person has been deprived of their liberty after a trial which did not comply with the standards for a fair trial set out in the UDHR and other relevant international instruments. What this mechanism can do to assist you 1 Examination of individual complaints Stage 1 The Working Group can examine a complaint from individuals directly concerned, their families, their representatives or NGOs (all of these are known as "the source"). The complaint should contain the minimum information required (see the model communication form). Stage 2 The Working Group sends the complaint to the Government concerned and requests the Government to send its comments on the complaint within 90 days. The Working Group does not reveal the identity of the source to the Government concerned. Stage 3 The Working Group sends any reply received from the Government concerned to the source. Stage 4 The Working Group adopts one of the following opinions on the complaint: (a) If the person has been released, for whatever reason, following the reference of the case to the Working Group the case is filed; the Group, however, reserves the right to render an opinion, on case-by-case basis, whether or not the deprivation of liberty was arbitrary, notwithstanding the release of the person concerned; (b) If the Group considers that the case is not one of arbitrary deprivation of liberty, it shall render an opinion to this effect; (c) If the Group considers that further information is required from the Government or the source, it may keep the case pending until that information is received; (d) If the Group considers that it is unable to obtain sufficient information on the case, it may file the case provisionally or definitively; (e) If the Group decides that the arbitrary nature of the deprivation of liberty is established, it shall render an opinion to that effect and make recommendations to the Government. The opinion adopted by the Working Group is sent to the Government concerned together with the recommendations of the Working Group. Three weeks later, the opinion is sent to the source. 2 The "deliberations procedure" The Working Group may produce general comments known as "deliberations". These "deliberations" state the views of the Working Group on general issues such as house arrest. 3 The urgent action procedure Under the urgent action procedure, the Working Group can respond immediately to complaints which contain reliable allegations that a person is being detained arbitrarily and that the continuation of detention may constitute a serious danger to that person's health or life. Under this procedure, the Working Group can send an urgent appeal to the Minister for Foreign Affairs of the state concerned requesting that the government take appropriate measures to ensure that the detained person's rights are respected. 4 Field missions The Working Group can undertake visits to countries with the consent of the country concerned. During such visits, the Working Group examines the situation prevailing in a country and meets with government officials, NGOs and individuals. To find out about future visits of the Working Group you should contact its offices. See the contact details at the end of this page. How to submit a complaint to the Working Group Who can submit a complaint? A complaint can be submitted by the individuals directly concerned, their families, their representatives or NGOs. It is important to note that, unlike most other human rights mechanisms, the Working Group does not require the author of a complaint to show that local remedies (for instance local courts or the police) have been exhausted. Guidelines for submitting a complaint If your complaint is urgent, you should write "for urgent action" at the top of your complaint. The Working Group has prepared a model questionnaire to facilitate the task of those submitting communications. The questionnaire is not obligatory. Failure to use it to submit cases to the Working Group does not result in the inadmissibility of the communication. For a copy of the model questionnaire in English, Espagnol and Français click on one of the following: Model questionnaire in English Model questionnaire in Espagnol Model questionnaire in Français All complaints should be sent to: The Working Group on Arbitrary Detention
Tel: + 41 22 917 9000
Before submitting a complaint you should click on the following two links which contain important general information: Click here for information on the exhaustion of domestic remedies Click here for information on multiple applications Further information about the Working Group For further information in English, Espagnol and Français, visit the webpage of the Working Group by clicking here |
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