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Thematic reports

A/HRC/57/44: Arbitrary detention - Report of the Working Group on Arbitrary Detention

Published

22 July 2024

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A/HRC/57/44

In 2023, the Working Group on Arbitrary Detention, under its regular procedure, adopted 77 opinions concerning the detention of 173 persons in 39 countries. It also transmitted 71 urgent appeals to 28 Governments and, in 21 cases, to other actors, and 111 allegation letters and other letters to 56 Governments and, in 12 cases, to other actors, concerning at least 354 identified individuals. Some States informed the Working Group that they had taken measures to remedy the situations of detainees and, in numerous cases, the detainees were released. The Working Group is grateful to those Governments that responded to its appeals and took steps to provide it with the information requested concerning the situation of detainees.

The Working Group conducted country visits to Mexico, from 18 to 29 September 2023, and to the Bahamas, from 27 November to 8 December 2023.

In the report, the Working Group examines the thematic issue of arbitrary detention and mandatory sentencing.

In its recommendations, the Working Group reiterates its call to States to continue to increase their cooperation as regards their responses to regular communications, by reporting through the follow-up procedure on the implementation of the Working Group’s opinions (including on the provision of appropriate remedies and reparations to victims of arbitrary detention), and by providing positive responses to requests for country visits. It also urges States to review legislation imposing mandatory minimum sentencing and review sentences already imposed under a mandatory minimum sentencing scheme to ensure that each sentence complies with the requirements of necessity and proportionality, and to amend legislation and sentencing guidelines to provide for sentencing for drug-related offences that is proportionate. The Working Group further calls on States to provide adequate and predictable human resources in order to allow it to fulfil its mandate in an effective and sustainable manner. It urges States to heed the call by the United Nations High Commissioner

Issued By:

Working Group on Arbitrary Detention

Delivered To:

Human Rights Council - fifty-seventh session

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