Human rights situation/Detention – CHR – Working Group decisions (excerpt)

QUESTION OF THE HUMAN RIGHTS OF ALL PERSONS SUBJECTED

TO ANY FORM OF DETENTION OR IMPRISONMENT

Decisions adopted by the Working Group on Arbitrary Detention*

The present document contains the decisions adopted by the Working Group on Arbitrary Detention at its eleventh session, held in November-December 1994 and at its twelfth session, held in May-June 1995, as well as several of the decisions adopted by it at its thirteenth session, held in September 1995.  The statistical data concerning decisions Nos. 35/1994 to 48/1994 are included in the report submitted by the Working Group to the Commission on Human Rights at its fifty-first session (E/CN.4/1995/31, annex II).  The statistical data concerning decisions adopted during 1995 are included in the report of the Working Group to the Commission on Human Rights at its fifty-second session (E/CN.4/1996/40, annex II).

*  In view of its length, the present document is being issued in the original languages only, the Conference Services Division of the United Nations Office at Geneva having insufficient capacity to translate documents that greatly exceed the 32-page limit recommended by the General Assembly (see Commission resolution 1993/94, para. 1).

GE.95-14693  (E)

….

DECISION No. 28/1995  [PALESTINIAN AUTHORITY]

Communication addressed to the Palestinian Authority on 26 April 1995.

Concerning Attiya Abu Mansur, Hammad Fayyad, Zakariya Madhhun, Khaled Sadiq and Ala Saftawi, on the one hand, and the Palestinian Authority, on the other.

1. The Working Group on Arbitrary Detention, in accordance with the methods of work adopted by it, and in order to carry out its task with discretion, objectivity and independence, forwarded to the Palestinian Authority the above-mentioned communication, received by it and found to be admissible, in respect of allegations of arbitrary detention reported to have occurred.

2. The Working Group notes with concern that to date no information has been forwarded by the Palestinian Authority in respect of the cases in question.  With the expiry of 90 days from the transmittal of the letter by the Working Group, it is left with no option but to proceed to render its decision in respect of each of the cases of alleged arbitrary detention brought to its knowledge.

3. The Working Group further notes that, although the Palestinian Authority has not responded to the allegations, the source has informed the Working Group that the above-mentioned persons are no longer in detention.

4. In the context of the information received by the Working Group, having considered the available information, the Working Group, without prejudging the nature of the detention, and in terms of paragraph 14 (a) of its methods of work, which provides that "If the person has been released, for whatever reason, since the Working Group took up the case, the Group decides, in principle, to file the case", decides to file the cases of the above-mentioned persons.

Adopted on 13 September 1995.