Working Group on Arbitrary Detention

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The Working Group on Arbitrary Detention is a body of independent human rights experts that investigate cases of arbitrary arrest and detention. Arbitrary arrest and detention is the imprisonment or detainment of an individual, by a State, without respect for due process. These actions may be in violation of international human rights law.

The Working Group was established by resolution in 1991 by the former Commission on Human Rights. It is one of the thematic special procedures overseen by the United Nations Human Rights Council, and is therefore a subsidiary body of the UN.

In 2019, Cambridge University Press published The UN Working Group on Arbitrary Detention: Commentary and Guide to Practice, by international human rights lawyer Jared Genser, who has a 45–0 record litigating cases before the body.  This 650-page treatise is the only book-length how to guide and commentary on the body's jurisprudence and Genser is now providing this book as a free, publicly available resource for others hoping to bring cases before the Working Group.[1]

Mandate and composition[]

The Working Group is mandated to receive and verify information from a variety of sources, in order to investigate cases of detention imposed arbitrarily, or otherwise inconsistently with the relevant international standards set forth in the Universal Declaration of Human Rights.[2] Article 9 states: ‘No one shall be subjected to arbitrary arrest, detention, or exile’. In considering claims of arbitrary detention, the Working Group is not only guided by State national law, but other international legal instruments may also be relevant if accepted by the States concerned. For example, the International Covenant on Civil and Political Rights, Article 9(1) states; “Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be Deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.”

The Working Group's role is to investigate individual cases of arbitrary detention, as well as situations where the conditions in a country prompt concern over widespread occurrences of arbitrary detention. It has an intentionally broad mandate, to allow flexibility, and allow anyone to seek its assistance. The Working Group may send urgent appeals to governments to ascertain the whereabouts and condition of those allegedly detained, issues opinions on the compliance with international law and may also conduct fact-finding visits to countries. The Working Group also issue deliberations on issues, to assist States in avoiding behaviour that may enable arbitrary detention. Ensuring a communicative dialogue with Governments and intergovernmental and non-governmental organisations allows the Working Group to achieve success. The Working Group must work in coordination with other Human Rights Council mechanisms and is mandated to carry out its task with discretion, objectivity and independence.[3]

The Working Group mandate reflects the commission's concerns regarding worldwide instances of detention without legal basis. The Commission on Human Rights entrusted the Working Group with the following mandate:

  1. To investigate cases of detention imposed arbitrarily in individual cases
  2. To complete field missions in order to receive information from Government and intergovernmental and non-governmental organizations, and receive information from the individuals concerned, their families or their representatives;
  3. To present annual reports to the Human Rights Council

The mandate lasts for a period of three years, and was most recently extended for a further three-year period by Human Rights Council resolution 33/30 of 30 September 2016.[4]

Membership[]

The Working Group is composed of five independent experts. They are appointed in equitable geographical distribution from the following regions: Africa, Asia, Eastern Europe, Western Europe and Other Countries, and South America and Caribbean.[5] Three sessions are held per year, each lasting between five and eight days.

The current members of the Working Group are:[6]

  • Leigh Toomey (Chair-Rapporteur)  Australia 2015-2021
  • Dr Elina Steinerte (Vice-Chair on Communications)