Arbitrary Detention

A/HRC/RES/15/18No PDF available

Who created this mandate?

A Resolution of the General Assembly, under agenda item 3Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, published in 2010.

What other versions does this mandate have?

9 versions · 2008–2025

This is an older version — the most recent is A/HRC/RES/60/8

2025A/HRC/RES/60/8Arbitrary detentionLatestCompare with previous version
2022A/HRC/RES/51/8Arbitrary detentionCompare with previous version
2019A/HRC/RES/42/22Arbitrary detentionCompare with previous version
2016A/HRC/RES/33/30Arbitrary detentionCompare with previous version
2013A/HRC/RES/24/7Arbitrary detentionCompare with previous version

Versions are identified automatically by matching titles within the same organ (~97% accuracy on a manual audit).

What subjects does this mandate have?

16 topics

Administrative Detention Arbitrary Detention Conferences Detained Persons Fact-Finding Missions Information Exchange International Instruments International Obligations Intimidation Laws and Regulations Legal Remedies Preventive Detention Right to a Fair Trial Rights of the Accused Standards Working Groups

What does this mandate say?

21 operative paragraphs

Stresses the importance of the work of the Working Group on Arbitrary Detention;

Takes note with interest of the latest report of the Working Group, including the recommendations contained therein;

Requests the States concerned to take account of the Working Group’s views and, where necessary, to take appropriate steps to remedy the situation of persons arbitrarily deprived of their liberty and to inform the Working Group of the steps they have taken;

Encourages all States:

To give due consideration to the recommendations of the Working Group;

To take appropriate measures to ensure that their legislation, regulations and practices remain in conformity with relevant international standards and the applicable international legal instruments;

To respect and promote the right of anyone arrested or detained on a criminal charge to be brought promptly before a judge or other officer authorized by law to exercise judicial power, and to be entitled to trial within a reasonable time or release;

To respect and promote the right of anyone deprived of his or her liberty by arrest or detention to bring proceedings before 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, in accordance with their international obligations;

To ensure that the right referred to in subparagraph (d) above is equally respected in cases of administrative detention, including administrative detentions in relation to public security legislation;

To ensure that anyone who is arrested or detained on a criminal charge has adequate time and facilities for the preparation of his or her defence, including the opportunity to engage and communicate with counsel;

To ensure that the conditions of pretrial detention do not undermine the fairness of the trial;

Also encourages all States to cooperate with the Working Group, and to give serious consideration to responding favourably to its requests for visits so that it may carry out its mandate even more effectively;

Notes with concern that a persistent proportion of urgent appeals of the Working Group has been left unanswered, and urges the States concerned to give the necessary attention to the urgent appeals addressed to them by the Working Group on a strictly humanitarian basis and without prejudging its possible final conclusions, as well as to the communication of the same case pursuant to the regular complaint procedure;

Encourages the Working Group, in accordance with its working methods, to continue to provide the concerned State with relevant and detailed information concerning allegations of arbitrary detention in order to facilitate a prompt and substantive response to these communications without prejudice to the need for the concerned State to cooperate with the Working Group;

Notes with deep concern that the Working Group has received increasing information on reprisals suffered by individuals who were the subject of an urgent appeal or opinion or who applied a recommendation of the Working Group, and calls upon the States concerned to take appropriate measures to prevent such acts and to combat impunity by investigating promptly and effectively all allegations of intimidation and reprisal in order to bring perpetrators to justice and to provide victims with appropriate remedies;

Expresses its profound thanks to the States that have extended their cooperation to the Working Group and responded to its requests for information, and invites all States concerned to demonstrate the same spirit of cooperation;

Notes with satisfaction that the Working Group has been informed of the release of some of the individuals whose situation has been brought to its attention, while deploring the many cases that have not yet been resolved;

Decides to extend the mandate of the Working Group for a further period of three years, in accordance with Commission on Human Rights resolutions 1991/42 and 1997/50 and with Council resolution 6/4;

Requests the Secretary-General to provide all necessary assistance to the Working Group, particularly with regard to the staffing and resources needed for the effective fulfilment of its mandate, especially in respect of field missions;

Requests the Office of the United Nations High Commissioner for Human Rights to organize in 2011, within existing resources, a one-day event to commemorate the twentieth anniversary of the establishment of the Working Group;

Decides to continue consideration of the question of arbitrary detention in conformity with its programme of work.

Paragraph content is machine-extracted from UN documents. For authoritative content, please refer to the official UN document.

No headings found in this document.

Who created this mandate?

What other versions does this mandate have?

What subjects does this mandate have?

What does this mandate say?

Table of contents