The right to challenge lawfulness of detention – UN expert
group to adopt new guidelines
GENEVA (16 April 2015) – The United Nations Working Group on
Arbitrary Detention* will adopt its Basic Principles and Guidelines on the
right of anyone deprived of liberty to challenge the lawfulness of his or her
detention before court. The new guidelines will be approved in Geneva during
the Group’s 72nd session (20-29 April).
“The right to have the detention reviewed in court without
delay is a central element of everyone’s right to liberty and security,” said
human rights expert Mads Andenas, who currently heads the five-member body.
“We have developed - through global consultations - a
concrete and practical guidance for UN Member States to fulfill their obligations
to respect, protect and promote this fundamental right,” Mr. Andenas
added.
This guiding document, which will be presented to the Human
Rights Council in September this year, is intended to advise States and other
relevant actors in establishing effective mechanisms to ensure judicial
oversight over all situations of deprivation of liberty.
During its upcoming session, the Working Group will also
discuss close to 30 confidential cases concerning 23 different countries. It
further plans to meet with representatives from States and civil society
organizations to assess various issues relating to deprivation of liberty.
Last year, the human rights experts adopted 57 opinions in
respect of 30 different countries. In a number of cases, Governments and
sources reported that the individuals were released and in other cases, the
Working Group was assured that the detainees concerned would be guaranteed a
fair trial.
(*) The Working Group is comprised of five independent
expert members from various regions of the world. The Chair-Rapporteur is Mr.
Mads Andenas (Norway) and the Vice-Chair is Mr. Vladimir Tochilovsky (Ukraine).
The other members are Mr. Sètondji Roland Jean-Baptiste Adjovi (Benin), Mr.
Seong-Phil Hong (Republic of Korea) and Mr. José Guevara (Mexico).
ENDS
The Working Group was established by the former Commission
on Human Rights in 1991 to investigate instances of alleged arbitrary
deprivation of liberty. Its mandate was clarified and extended by the
Commission to cover the issue of administrative custody of asylum-seekers and
immigrants. Learn more, log on to:
http://www.ohchr.org/EN/Issues/Detention/Pages/WGADIndex.aspx
The Working Group is part of what is known as the Special
Procedures of the Human Rights Council. Special Procedures, the largest body of
independent experts in the UN Human Rights system, is the general name of the
Council’s independent fact-finding and monitoring mechanisms that address
either specific country situations or thematic issues in all parts of the world.
Special Procedures’ experts work on a voluntary basis; they are not UN staff
and do not receive a salary for their work. They are independent from any
government or organization and serve in their individual capacity.
The Basic Principles and Guidelines - Background information
and relevant stakeholder contributions:
http://www.ohchr.org/EN/Issues/Detention/Pages/DraftBasicPrinciples.aspx
For more information and media requests, please contact Mr.
Miguel de la Lama (+41 22 917 9289 / mdelalama@ohchr.org) or write to
wgad@ohchr.org
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