UNDP-OHCHR TOOLKIT continued RIGHT OR ISSUE 11 r ight to be informed of reasons for UN INSTRUMENTS SAFEGUARDS/LIMITS AND VIOLATIONS SAMPLE AREAS OF UNCT SUPPORT TO NHRIS Art. 9(2) ICCPR Safeguards: Support the NHRI’s position when it: Art. 13(1) ICCPR … Any person arrested shall be informed of the reason for the arrest. 11 11 11 Right to know reasons for arrest, to see arrest warrant. Arresting officer must issue a document to the detainee’s family acknowledging arrest (and upon release). 11 11 Failing to document arrest should be an offence. 11 issues advice to the government to ensure that suspects are advised of reasons for arrest, strives to ensure that procedural guarantees are given legal force and that penalties can be imposed on security personnel for non-compliance, attempts to ascertain whether security forces ignore instructions or act with impunity. Provide the NHRI with the necessary technical assistance, specialised training, expertise and material support to systematically review documentation regarding the arrest of persons, to ensure adequacy of procedures, or to interview advocates to determine if reasons for arrest are obtained in a timely manner. ASSEMBLY, freedom of Art. 21 ICCPR … Subject to restrictions necessary in a democratic society in the interests of national security or public safety, public order, public health or morals or the protection of the rights and freedoms of others. Limits/Violations: 11 11 11 ASSOCIATION, freedom of 68 Art. 22(1) ICCPR Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests. Countries may restrict protections in the interests of racial and religious harmony. Countries may require permission for assemblies by security forces without any reasonable basis being required for refusal. Assemblies and meetings are unduly restricted and / or criminalized. It is illegal to join any group or person engaged in terrorist offences. Limits/Violations: 11 The government has criminalised meetings held by, or membership held in, particular groups. Ensure that the NHRI understands its responsibilities with regard to freedom of assembly and advise them on possible activities/best practices. Support the NHRI’s position when it provides advice to the government on restrictions that are not prescribed by law or subject to sole discretion of executive. Ensure that the NHRI understands its responsibilities with regard to freedom of association and advise them on possible activities/best practices. Provide the NHRI with the necessary technical assistance, specialised training, expertise and material support to inquire into situations where minorities, activists, etc. are targeted in