Arbitrary Detention

A/HRC/RES/6/4No PDF available

Who created this mandate?

A Resolution of the General Assembly, published in 2008.

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?

14 topics

Administrative Detention Arbitrary Detention Coordination Within UN System Counter-Terrorism Detained Persons Fact-Finding Missions International Instruments Laws and Regulations Preventive Detention Right to a Fair Trial Rights of the Accused Standards Working Groups Written Communications

What does this mandate say?

27 operative paragraphs

Decides to extend the mandate of the Working Group on Arbitrary Detention for a further period of three years, in accordance with resolutions 1991/42 and 1997/50 of the Commission on Human Rights:

To investigate cases of deprivation of liberty imposed arbitrarily or otherwise inconsistently with the relevant international standards set forth in the Universal Declaration of Human Rights or in the relevant international legal instruments accepted by the States concerned;

To seek and receive information from Governments and intergovernmental and non-governmental organizations, and receive information from the individuals concerned, their families or their representatives;

To act on information submitted to its attention regarding alleged cases of arbitrary detention by sending urgent appeals and communications to concerned Governments to clarify and to bring to their attention these cases;

To conduct field missions upon the invitation of Government, in order to understand better the situations prevailing in countries, as well as the underlying reasons for instances of arbitrary deprivation of liberty;

To formulate deliberations on issues of a general nature in order to assist States to prevent and guard against the practice of arbitrary deprivation of liberty and to facilitate consideration of future cases;

To present an annual report to the Human Rights Council presenting its activities, findings, conclusions and recommendations;

Encourages the Working Group, in fulfilling its mandate:

To work in cooperation and dialogue with all those concerned by the cases submitted to it, and in particular with States that provide information which should be given due consideration;

To work in coordination with other mechanisms of the Human Rights Council, with other competent United Nations bodies and with treaty bodies, bearing in mind the role of the Office of the United Nations High Commissioner for Human Rights in such coordination, and to take all necessary measures to avoid duplication with those mechanisms, in particular regarding the treatment of the communications it receives and field missions;

To carry out its task with discretion, objectivity and independence;

Takes note of the latest reports of the Working Group (E/CN.4/2006/7 and A/HRC/4/40), 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 of the recommendations of the Working Group;

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

To respect and promote the right of anyone who is 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 to release;

To respect and promote the right of anyone who is deprived of his/her liberty by arrest or detention to be entitled to bring proceedings before a court, in order that the court may decide without delay on the lawfulness of his/her detention and order his/her release if the detention is not lawful, in accordance with their international obligations;

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

Also encourages all States concerned to ensure that any measures taken to combat terrorism comply with their obligations that ensure protection against arbitrary detention, bearing in mind relevant recommendations of the Working Group;

Further encourages all States to cooperate with the Working Group, and to give serious consideration 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;

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;

Takes note with satisfaction of the fact 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;

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;

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

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