Working Group on Arbitrary Detention

Key documents

Fact Sheet No. 26 (Rev. 1): Working Group on Arbitrary Detention 

This revised Fact Sheet explores the mandate and functioning of the Working Group on Arbitrary Detention, established in 1991 by the United Nations Commission on Human Rights to investigate cases of arbitrary deprivation of liberty. The publication presents the various components of the Working Group’s mandate, its procedures and operation, in addition to some of its relevant jurisprudence. It also explains how to submit a case to the Working Group and the criteria used by the Working Group to determine whether a detention is arbitrary. It further provides practical information on how to submit allegations of arbitrary detention and the relevant forms.

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 Court

Adopted in 2015, these guidelines are based on international law, standards and recognized good practice, and are intended to provide States with guidance on fulfilling their obligation to avoid the arbitrary deprivation of liberty. They concern the right of anyone deprived of his or her liberty to bring proceedings before a court in order that the court may decide without delay on the lawfulness of the detention and order the release of the individual if the detention is not lawful.

Methods of work of the Working Group on Arbitrary Detention

This document outlines how the Working Group functions, carries out its mandate, handles communications and urgent actions, and the procedure for country visits. It also clarifies how it works with other human rights mechanisms.