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International standards. International human rights law provides a clear and universal framework relating to detention, enshrined by the following standards: Universal Declaration of Human Rights. International Covenant on Civil and Political Rights (ICCPR) Human Rights Committee General Comment 35, Article 9 (Liberty and Security of Person)
About detention. Everyone has the right to liberty of person. International human rights law recognizes, however, that deprivation of liberty is sometimes justified, such as in the enforcement of criminal laws. In these circumstances, detention can never be arbitrary and must always be carried out with respect for the rule of law.
Detainees retain all of their human rights and fundamental freedoms, except for those lawful limitations caused by incarceration. Arbitrary detention increases the risk of further violations, including torture or other cruel, inhuman and degrading treatment; involuntary and enforced disappearance; and extrajudicial execution.
“Mandatory pre-trial detention is contrary to international guarantees for human rights protection, as the jurisprudence of the Working Group has indicated on multiple occasions,’’ said Miriam Estrada-Castillo, the Working Group’s chair-rapporteur. The Inter-American Court and Commission on Human Rights, as well as the Human Rights ...
ELINA STEINERTE, Chair-Rapporteur of the Working Group on arbitrary detention, presenting the report of the Working Group on its activities, said that in 2020, the Working Group had adopted 92 opinions concerning the detention of 221 persons in 47 countries under its regular communications procedure. It had also transmitted 55 urgent appeals to ...
Microsoft Word - WGAD Draft Principles and Guidelines_Right to Court Review (10.02.2015) HAUT-COMMISSARIAT AUX DROITS DE L’HOMME • OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS. PALAIS DES NATIONS • 1211 GENEVA 10, SWITZERLAND. www.ohchr.org • TEL: +41 22 917 9159 • FAX: +41 22 917 9008 • E-MAIL: wgad@ohchr.rorg.
This revised Fact Sheet explores the mandate and functioning of the Working Group on Arbitrary Detention, established in 1991 by the United Nations Commission on Human Rights to investigate cases of arbitrary deprivation of liberty. The publication presents the various components of the Working Group’s mandate, its procedures and operation ...
About arbitrary detention. According to resolution 1997/50 of the former Commission on Human Rights, the Working Group is entrusted with the task to investigate all cases involving ‘deprivation of liberty’ imposed arbitrarily. The mandate of the Working Group relates to the protection of individuals against arbitrary deprivation of liberty ...
GENEVA (23 October 2020) – Israel should release a Palestinian detainee who has been on hunger strike for close to 90 days and end its practice of administrative detention, under which people can be held indefinitely without trial, sometimes for years. Maher Al-Akhras began a hunger strike in late July after he was arrested. Israeli security forces accuse him of being a member of Islamic ...
21 July 2022. UN symbol. A/HRC/51/29. In 2021, while continuously working in the exceptional circumstances of the global coronavirus disease (COVID-19) pandemic, the Working Group on Arbitrary Detention, under its regular procedure, adopted 85 opinions concerning the detention of 175 persons in 42 countries.