Geneva, 28 November 2016

Distinguished President,
Chair and Members of the Working Group,
Excellencies, Colleagues and Friends,

I am delighted to be present at this occasion, and to honour your work over the past 25 years. Among us today are many current and former members of the Working Group on Arbitrary Detention; your presence is very much welcomed. I would also like to acknowledge the presence of members of civil society groups who have provided valuable input throughout the years, as well as various representatives of Member States.

The guarantees of fair trial and due process which so many of us enjoy constitute a precious achievement. They bear testament to long and often bitter struggles in the history of every society against systems for detention and punishment that have been based on the whims of capricious rulers or swayed by other considerations. Respect for human rights under the rule of law is a fundamental requirement for a sound society. We stand today on the shoulders of giants who have fought long and hard for the impartial guarantees of rule of law.

Arbitrary deprivation of liberty is in itself a human rights violation – and it exposes the victim to further violations, including torture or other cruel, inhuman and degrading treatment; involuntary and enforced disappearance; and extrajudicial execution.

The mandate of the Working Group on Arbitrary Detention is unique among the non treaty-based mechanisms, in that it expressly provides for consideration of individual complaints. Thus the Working Group's involvement in cases is generally triggered by communications sent to it by the individuals directly concerned, or by their families, legal representatives or NGOs. Many of these complainants have experienced arrest, detention and punishment simply because they had exercised their inalienable rights to freedom of expression, association and peaceful assembly. Others were charged with crimes without evidence, or imprisoned without charges, access to a lawyer or trial by an independent judicial body, or on discriminatory grounds.

Political opponents and leaders of social movements are frequently the targets of such extra-legal processes. Increasingly, States are also detaining people on allegations of complicity with terrorism without adequate due process guarantees or judicial oversight. In an increasing number of situations across the world, particularly those in conflict, there is massive detention of people by both State and non-State actors, often in conditions of secrecy. Detainees are often held for months, years, or indeed indefinitely.

Increasingly, we are also seeing prolonged administrative detention of asylum-seekers and migrants without any possibility of review or remedy. Shockingly, they frequently include children – detained with their families or on their own. This topic has been systematically addressed by the Working Group in recent reports from country visits.

These visits have established commendably cooperative relationships with a number of countries, and include in-depth discussion with judicial, penitentiary and other officials, as well as with detainees. However, too many States refuse or ignore the Working Group’s requests. I will continue to advocate that every State issue invitations to the Working Group to conduct visits and offer its guidance.

Distinguished Chair,

The Working Group has adopted more than a thousand opinions in relation to individuals around the world, and it has referred other cases for action by various Special Procedures mechanisms. It has adopted landmark decisions, –which on numerous occasions have led to the detainee's eventual release. In 2016 alone, at least ten individuals who had been the subject of Working Group opinions were released. I note with appreciation that some of the individuals released are present today to share their personal stories with us.

I also welcome today's discussion of issues raised by the administrative detention of migrants and asylum-seekers, with experts joining us from UNHCR, the International Detention Coalition and the Global Detention Project. The Working Group has paid increasing attention to this topic, which constitutes an increasingly global challenge.
I also commend the Working Group's recent introduction of a systematic follow-up procedure in the context of its opinions, which requests information about implementation of its opinions from both States and other sources, including on release of the individuals in question. The Working Group's Principles and Guidelines on the right to challenge the lawfulness of detention before court, which were adopted last year, constitute another useful tool to assist States to implement their obligations in regard to all persons in all situations of deprivation of liberty.

Last month, in extending the Working Group's mandate for a further three years, the Human Rights Council noted the importance of ensuring that adequate human and material resources be provided to the Working Group to allow for the effective fulfilment of its mandate.

Today's event is an opportunity to discuss how the work of this expert group has evolved over the years, lessons learned and the way forward for the struggle to end arbitrary detention. I look forward with great interest to the outcome of your discussions.