The UN Working Group on Arbitrary Detention (WGAD) are developing “Draft Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone Deprived of His or Her Liberty by Arrest or Detention to Bring Proceedings Before Court”, pursuant to Resolution 20/16. They will be presented to the Human Rights Council in September 2015.
In September 2014, PRI attended a consultation convened by the WGAD on the draft principles and guidelines and made several oral interventions and consequently provided the following written statement.
- highlights that restrictions of the right to liberty are not only problematic in human rights terms if they are ‘unlawful’, but also if deprivation of liberty is arbitrary, unnecessary or disproportionate
- proposes that the principles and guidelines clarify that a review of the ‘lawfulness’ of detention includes a substantial review based on the legality, necessity and proportionality of the deprivation of liberty
- notes that a range of factors and other human rights are required in order to exercise the right to challenge the ‘lawfulness’ of detention: including access to a lawyer and legal documents, accurate and complete prison registers and adequate case management
- proposes that the principles and guidelines also capture particular obstacles of vulnerable groups, including women detainees.