Situation in the OPT – Working Group on Arbitrary Detention report (excerpts)

CIVIL AND POLITICAL RIGHTS, INCLUDING

THE QUESTION OF TORTURE AND DETENTION

Report of the Working Group on Arbitrary Detention

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Executive summary

The Working Group on Arbitrary Detention was established by the Commission on Human Rights in its resolution 1991/42 and entrusted with the investigation of instances of alleged arbitrary deprivation of liberty.  The mandate of the Group was clarified and extended by the Commission in its resolution 1997/50 to cover the issue of administrative custody of asylum-seekers and immigrants.

During the reporting period, the Working Group adopted 39 Opinions concerning 21 countries and 115 individuals.  In 33 Opinions, it considered the deprivation of liberty to be arbitrary.  In the same period, the Working Group registered and transmitted to Governments 34 communications.

Also during the reporting period, the Working Group transmitted a total of 107 urgent actions concerning 499 individuals to 45 Governments and the Palestinian Authority.  Seventy of these urgent appeals were joint actions with other thematic or country mandates of the Commission on Human Rights.  In 29 cases, the Governments concerned informed the Working Group that they had taken measures to remedy the situation of the victims.  

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5.  Communications giving rise to urgent appeals

55. During the period under review the Working Group transmitted 107 urgent actions to 45 Governments  (as well as to the Palestinian Authority) concerning 499 individuals.  In conformity with paragraphs 22-24 of its methods of work, the Working Group, without prejudging whether the detention was arbitrary, drew the attention of each of the Governments concerned to the specific case as reported and appealed to it to take the necessary measures to ensure that the detained persons’ right to life and to physical integrity were respected.  When the appeal made reference to the critical state of health of certain persons or to particular circumstances, such as failure to execute a court order for release, the Working Group requested the Government concerned to undertake all necessary measures to have them released.

56. During the period under review, urgent appeals were transmitted by the Working Group as follows (the number of persons concerned is given in parentheses):  9 appeals to the Democratic Republic of the Congo (76); 8 appeals to the Palestinian Authority (55); 6 to the Russian Federation (39, including a generic one on the situation in Chechnya); 5 to Israel (23); 5 to Myanmar (20); 5 to Indonesia (15, including a generic appeal on the situation in Aceh province); 4 to the Islamic Republic of Iran (5); 4 to Pakistan (4); 5 to the Sudan (16); 4 to Turkey (17); 3 to Bahrain (14); 3 to Cameroon (5); 3 to China (6); 2 to the Lao People’s Democratic Republic (18); 2 to Burundi (8); 2 to Ethiopia (23); 2 to India (18); 2 to Mexico (5); 2 to Turkmenistan (2); 2 to Uzbekistan (2); 2 to Viet Nam (10); 2 to Yugoslavia (6); 1 to Angola (1); 1 to Argentina (1); 1 to Azerbaijan (1); 1 to Bolivia (19); 1 to Brazil (1); 1 to Burkina Faso (6); 1 to Costa Rica (2); 1 to Cuba (1); 1 to Egypt (1, concerning victim in Opinion No. 10/1999); 1 to Haiti (1); 1 to Kyrgyzstan (1); 1 to the Libyan Arab Jamahiriya (8); 1 to Maldives (3); 1 to Malaysia (52); 1 to Mauritania (5); 1 to the Republic of Moldova (4); 1 to Nigeria (8); 1 to Romania (1); 1 to Rwanda (1); 1 to Saudi Arabia (1); 1 to Sri Lanka (1); 1 to Tunisia (1); 1 to Ukraine (1); and 1 to the United Arab Emirates (1).

57. Of these urgent actions, 70 were appeals issued jointly by the Working Group and other thematic or geographical special rapporteurs.  These were addressed to the Governments of Angola, Azerbaijan, Bahrain (2), Bolivia, Brazil, Burkina Faso, Burundi (2), Cameroon, Cuba, the Democratic Republic of the Congo (9), Ethiopia (1), India (1), Indonesia (5), the Islamic Republic of Iran (4), Israel (2), the Lao People’s Democratic Republic, Malaysia, Maldives, Mexico (2), Myanmar (4), Nigeria, Pakistan (2), the Russian Federation (5), Rwanda, the Sudan (4), Turkey (3), Turkmenistan (2), Uzbekistan (2) and Viet Nam (1); seven joint appeals were addressed to the Palestinian Authority.

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