Original HRC document


Document Type: Final Resolution

Date: 2013 Sep

Session: 24th Regular Session (2013 Sep)

Agenda Item: Item3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

Topic: Justice

GE.A/HRC/22/44. 3-17847

Human Rights Council Twenty-fourth session

Agenda item 3

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Resolution adopted by the Human Rights Council


Arbitrary detention

The Human Rights Council,

Reaffirming articles 3, 9, 10 and 29, as well as other relevant provisions, of the

Universal Declaration of Human Rights,

Recalling articles 9 to 11 and 14 to 22 of the International Covenant on Civil and

Political Rights,

Recalling also Commission on Human Rights resolutions 1991/42 of 5 March 1991

and 1997/50 of 15 April 1997, and Human Rights Council resolutions 6/4 of 28 September

2007, 10/9 of 26 March 2009, 15/18 of 30 September 2010 and 20/16 of 6 July 2012,

Recalling further General Assembly resolution 60/251 of 15 March 2006 on the

Human Rights Council,

Recalling Human Rights Council resolution 5/1 on institution-building of the

Council and resolution 5/2 on the Code of Conduct for special procedures mandate holders

of the Council, of 18 June 2007, and stressing that the mandate holder shall discharge his or

her duties in accordance with those resolutions and the annexes thereto,

1. Stresses the importance of the work of the Working Group on Arbitrary


2. Takes note with interest of the latest report of the Working Group,1 including

the recommendations contained therein;

3. Requests the States concerned to take account of the views of the Working

Group and, where necessary, to take appropriate steps to remedy the situation of persons

 The resolutions and decisions adopted by the Human Rights Council will be contained in the report of the Council on its twenty-fourth session (A/HRC/24/2), Part One.

arbitrarily deprived of their liberty, and to inform the Working Group of the steps they have


4. Encourages the Working Group to pursue its work relating to the preparation

of the draft basic principles and guidelines, as requested by the Human Rights Council in its

resolution 20/16, and invites the Working Group to report to the Council on the progress

made in drafting the basic principles and guidelines at its next interactive dialogue with the


5. Encourages all States to respond to the questionnaire sent by the Working

Group to prepare those draft basic principles and guidelines;

6. Also encourages all States:

(a) To give due consideration to the recommendations of the Working Group;

(b) To take appropriate measures to ensure that their legislation, regulations and

practices remain in conformity with relevant international standards and the applicable

international legal instruments;

(c) To respect and promote the right of anyone arrested or detained on a criminal

charge to be brought promptly before a judge or other officer authorized by law to exercise

judicial power, and to be entitled to trial within a reasonable time or to release;

(d) To respect and promote the right of anyone deprived of his or her liberty by

arrest or detention to bring proceedings before court, in order that the court may decide

without delay on the lawfulness of his or her detention and order his or her release if the

detention is not lawful, in accordance with their international obligations;

(e) To ensure that the right referred to in subparagraph (d) above is equally

respected in cases of administrative detention, including administrative detentions in

relation to public security legislation;

(f) To ensure that anyone who is arrested or detained on a criminal charge has

adequate time and facilities for the preparation of his or her defence, including the

opportunity to engage and communicate with the counsel of his or her choice;

(g) To ensure that the conditions of pretrial detention do not undermine the

fairness of the trial;

(h) To provide guarantees with respect to any form of detention against unlawful

or arbitrary deprivations of liberty;

7. Further encourages all States to cooperate with the Working Group and to

give serious consideration to responding favourably to its requests for visits so that it may

carry out its mandate even more effectively;

8. Notes with concern that a persistent proportion of urgent appeals of the

Working Group has been left unanswered, and urges the States concerned to give the

necessary attention to the urgent appeals addressed to them by the Working Group on a

strictly humanitarian basis and without prejudging its possible final conclusions, as well as

to the communication of the same case pursuant to the regular complaint procedure;

9. Encourages the Working Group to, in accordance with its working methods,

continue to provide the State concerned with relevant and detailed information concerning

allegations of arbitrary detention in order to facilitate a prompt and substantive response to

these communications without prejudice to the need for the State concerned to cooperate

with the Working Group;

10. Notes with deep concern that the Working Group has received increasing

information on reprisals suffered by individuals who were the subject of an urgent appeal or

opinion or who applied a recommendation of the Working Group, and calls upon the States

concerned to take appropriate measures to prevent such acts and to combat impunity by

bringing perpetrators to justice and by providing victims with appropriate remedies;

11. Expresses its profound thanks to the States that have extended their

cooperation to the Working Group and responded to its requests for information, and

invites all States concerned to demonstrate the same spirit of cooperation;

12. Notes with satisfaction that the Working Group has been informed of the

release of some of the individuals whose situation has been brought to its attention, while

deploring the many cases that have not yet been resolved;

13. Decides to extend the mandate of the Working Group for a further period of

three years, in accordance with Commission on Human Rights resolutions 1991/42 and

1997/50 and Human Rights Council resolution 6/4;

14. Requests the Secretary-General to provide all necessary assistance to the

Working Group, particularly with regard to the staffing and resources needed for the

effective fulfilment of its mandate, especially in respect of field missions;

15. Decides to continue its consideration of the question of arbitrary detention in

conformity with its programme of work.

34th meeting

26 September 2013

[Adopted without a vote.]