Issues in focus - Working Group on Arbitrary Detention

• Revised Deliberation No. 5 on deprivation of liberty of migrants

• Detention in the context of drug control
• Peaceful protests and arbitrary detention
• Remedies for arbitrary detention

• Military Justice
• Over-incarceration
• Protective custody

• Deliberation No. 9 concerning the definition and scope of arbitrary deprivation of liberty under customary international law:
• Introduction and Methodology
• The prohibition of arbitrary deprivation of liberty in international law
• Qualification of particular situations as deprivation of liberty
• The notion of ‘’arbitrary’’ and its constituent elements under customary international law

• Pre-trial detention as an exceptional measure
• Habeas Corpus
• Cases, compliance and remedies

• Application of the international instruments on human rights to situations of armed conflict by the Working Group on Arbitrary Detention
• Secret detention

• Detention of immigrants in an irregular situation
• Military tribunals
• States of emergency
• Administrative detention and habeas corpus
• Compliance and remedies

• Rights of persons deprived of their liberty
• Detentions in the framework of measures countering terrorism
• Arbitrary detention and corruption
• Detention of immigrants in irregular situations
• Video and audio recording of criminal interrogations

• Detention of non-citizens
• Groups in detention which are susceptible to sexual abuse
• Detention in the context of counter-terrorism measures and states of emergency
• Detention registries and powers to release prisoners

• Legal Opinion on preventing arbitrary detention in the context of international transfer of detainees, particularly in countering terrorism
• Overview of the penitentiary systems and the conditions of detention of detainees
  

• Deliberation no. 8 on deprivation of liberty linked to/resulting from the use of the internet
• Secret prisons
• Over-incarceration
  

• Deliberation no. 7 on issues related to psychiatric detention
• Developments concerning deprivation of liberty as a measure in countering terrorism
• Hostage-taking and arbitrary detention
• The negative impact on the right to defence of inadequate conditions of detention

2004

• Detention in the context of the fight against terrorism
• Discrimination
• Deprivation of liberty of vulnerable persons
• Pre-trial detention
• Deprivation of liberty linked to the use of the Internet

E/CN.4/2004/3

2003

• Legal Analysis of allegations of detention ordered by the International Criminal Tribunal for Rwanda
• Legal Opinion regarding the deprivation of liberty of persons detained in Guantanamo Bay
• The use of detention as a means of protecting victims
• Regarding the arbitrary nature- on the grounds of discrimination- of detention motivated by sexual orientation

E/CN.4/2003/8

• Imprisonment related to insolvency
• Detention as a means of protecting victims

2001

• Deliberation No. 6. Legal analysis of allegations against the International Criminal Tribunal for the Former Yugoslavia
• Arrest and detention for dissemination of "State secrets"
• Detention of conscientious objectors
• Issues relating to extradition

E/CN.4/2001/14

2000

• Deliberation No. 5 concerning the situation regarding immigrants and asylum-seekers
• Protection of human rights defenders
• The excesses of military justice
• The abuse of state of emergency

E/CN.4/2000/4

1999

• Situation regarding Immigrants and asylum seekers
• Military justice

E/CN.4/1999/63

1998

• Situations regarding immigrants and asylum seekers

E/CN.4/1998/44

1997

• Applicability of provisions of Conventions on human rights to States that are not party to them
• Interpretation of the term "detention" in relation to the scope of the Working Group's mandate
• Analysis of positions adopted by the Commission on Human Rights
• Implications of limiting the Group's mandate to pre-trial detention only: historical background

E/CN.4/1997/4

• On causes of arbitrary detention

• Deliberation no. 4 on rehabilitation though labour
• Deliberation no. 1 on house arrest

(The two other deliberations contained in the report were adopted in response to specific questions which had been put forward by a Government concerning the Working Group’s criteria and methods of work).