PART 2: Procedures of the Human Rights Commitee and the Committee against Torture
deprivation of liberty linked to or resulting from the use of the internet495 and
issues related to psychiatric detention.496 The most recent deliberation was No. 9
on the definition and scope of arbitrary deprivation of liberty under customary
international law, adopted with the Working Group’s Annual Report in 2012.497
iii. Urgent Action
Where the Working Group receives information indicating that a situation urgently requires its attention it may issue an urgent appeal. The Working Group
will engage in this process where it receives sufficiently reliable allegations that
a person is being arbitrarily detained, and that the detention constitutes a serious
threat to the person’s life or health, or in other exceptional circumstances where
the Working Group decides that such an appeal is warranted. In these situations,
the Working Group will send the Minister for Foreign Affairs of the relevant State
an urgent appeal requesting him or her to take all appropriate action to ensure
that the physical and mental integrity of the individual/s concerned is protected.
These appeals are purely humanitarian in nature and do not assume guilt on the
part of the State.498 They have no effect on any subsequent decision by the Working
Group regarding the relevant detention.499 Following an urgent appeal, the Working
Group may submit the case to its Communications procedure in order to render an
Opinion on the matter. However, this is entirely separate from the Urgent Action,
and the State will be required to respond to each procedure separately.500
iv. Country Visits
The Working Group also conducts visits to the territory of States at government
invitation. Visits are “an opportunity for the Working Group to engage in direct
dialogue with the Government in question and with representatives of civil society, with the aim of better understanding the situation of deprivation of liberty in
the country and the underlying reasons for arbitrary detention”.501 Country visits
take place at the invitation of the Government concerned, and involve visits to
prisons, police stations, detention centres for migrants, and psychiatric hospitals,
among others.
495
496
497
498
Working Group on Arbitrary Detention, Deliberation 8, (2006) UN Doc. E/CN.4/2006/7.
Working Group on Arbitrary Detention, Deliberation 7, (2005) UN Doc. E/CN.4/2005/6.
Working Group on Arbitrary Detention, Annual Report, (2012) UN Doc. A/HRC/22/44, Part III.
Working Group on Arbitrary Detention, Revised Working Methods, (2011) UN Doc. A/HRC/16/47,
Annex, Part V, para. 23.
499 UN Fact Sheet No. 26, “The Working Group on Arbitrary Detention”, Part V, available at: http://www.
ohchr.org/Documents/Publications/FactSheet26en.pdf.
500 Working Group on Arbitrary Detention, Revised Working Methods, (2011) UN Doc. A/HRC/16/47,
Annex, Part V, para. 23.
501 Ibid. See also UN Fact Sheet No. 26, “The Working Group on Arbitrary Detention”, Part V, available
at: http://www.ohchr.org/Documents/Publications/FactSheet26en.pdf.
151
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