Summary

The present report is submitted pursuant to Human Rights Council resolution 20/16, in which the Council requested the Working Group on Arbitrary Detention to present to the Council before the end of 2015 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 a 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. The United Nations Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone Deprived of Their Liberty to Bring Proceedings Before a Court annexed to the present report are based on international law, standards and recognized good practice, and are intended to provide States with guidance on fulfilling, in compliance with international law, their obligation to avoid the arbitrary deprivation of liberty.