un working group on arbitrary detention

In an opinion first made public on Thursday, a panel of five international jurists concluded that Donziger's home detention for more than two years violates the International Covenant on Civil and Political Rights, a landmark pact that guarantees fundamental freedoms, to which the United States is a party. UN Working Group on Arbitrary Detention | UN News WASHINGTON - March 29, 2022 - PRLog-- The United Nations Working Group on Arbitrary Detention (UNWGAD), an arm of the UN's Human Rights Council, has released an advance version of its opinion on Rwanda's kidnapping and detention of Hotel Rwanda humanitarian Paul Rusesabagina. The report will express observations made while investigating cases and on field missions in differing countries. ), Judge grants Donziger's request to teleconference Oct. sentencing, Disbarred Chevron foe Donziger pleads for time served sentence, Special prosecutor: 'no specific recommendation' on Donziger sentence. Human rights experts call for paradigm shift on arbitrary detention in Qatar, Nomination of imprisoned Egyptian photojournalist for UNESCO award will help shine the light, UK, Sweden should respect UNs Assange ruling, UN body says Wikileaks founder should be allowed to go free. The Office of the High Commissioner for Human Rights is the leading United Nations entity in the field of human rights, with a unique mandate to promote and protect all human rights for all people. DUBAI, June 10 (Reuters) - The United Nations Working Group on Arbitrary Detention called on Saudi Arabia on Friday to immediately release the jailed adult children and son-in-law of. Section One provides an overview of the report and its . +1 202 466 3069 The Working Group then sends communications to the Governments concerned, to clarify or bring attention to the case. 1211 Geneva 10, Switzerland. No one shall be subjected to arbitrary arrest or detention. Using five prominent case studies where he was lead counsel, Genser details the way governments can and have targeted prominent political opponents and the way international human rights law and the Working Group itself have enabled reaching the conclusion that their detentions are wrongful, unreasonable, capricious and unacceptable. The United Nations Working Group on Arbitrary Detention has published an opinion calling for the immediate release of Leonard Peltier, a 77-year-old Indigenous activist imprisoned by the U.S. government since 1977. In 1991, the United Nations Commission on Human Rights established the Working Group on Arbitrary Detention, which joined the existing procedures set up at the initiative of the Commission to guarantee protection of the right to life and physical integrity, religious intolerance, and other rights. note 1. Based on a thorough review of the Working Group's opinions from 2015-2018, the authors of this Report have identified trends and strategies to help advocates draft persuasive and credible communications. It focuses on arbitrary detention, including instances in which States imprison or otherwise detain individuals in a manner not allowed by law or without respecting due process guarantees. The story of their extraordinary efforts are described in a compelling case study chapter in this book. You can save your searches here and later view and run them again in "My saved searches". The industry leader for online information for tax, accounting and finance professionals. To save content items to your account, Welcome to the database of the Working Group on Arbitrary Detention. Join us and make a difference. [24] United Nations High Commissioner for Human Rights Zeid Ra'ad al Hussein has claimed that the finding is based on international law. Reuters provides business, financial, national and international news to professionals via desktop terminals, the world's media organizations, industry events and directly to consumers. Lastly, country visits enable the Working Group to consider the evolution, application, and implementation of national law in light of international human rights norms within the specific context of the country. Following the information-collection stage, the Working Group adopts one of several measures depending on the information obtained. The Working Group found I was being held in violation of international law and it urged my immediate release the United Nations struck an irrecoverable blow to the former prime ministers efforts to try to justify my detention Jared Genser is a pioneer in the area of human rights law and a courageous and indefatigable representative of political prisoners around the world. Genser opens our eyes to whats needed to make a good case - and how to fight for individual freedom, successfully. Member and Chair-Rapporteur, UN Working Group on Arbitrary Detention (2009-2015) The author has amassed a remarkable amount of information about this little-known body., Genser performs a great service for practitioners here in his close reading and enumeration of findings of the 2010 UN Joint Study on Global Practices in Relation to Secret Detention in the Context of Countering Terrorism - with its critically important discussion of those circumstance (that) can elevate prolonged incommunicado detention into an act of torture or other mistreatment'. [4] For example, in May 2017 the Working Group visited Argentina. Donziger has requested a sentence of time served ahead of Friday's sentencing. Whether paid at the stake, when abandoned in a cell or crucified, these philosophers, spiritual guides, artists, scientists and writers led the cause for the respect of fundamental rights. Back in 1995, I was a dissident journalist imprisoned for criticizing my Government. To my dismay, when public support for the Maldivian Democratic Party which I led then posed a threat to Abdulla Yameen, the most recent dictator to rule my country, I was arbitrarily arrested, tried, and convicted on manufactured terrorism charges and sentenced to 13 years in prison. Mads Andenas Q.C. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. ', The Honorable Irwin Cotler, P.C., O.C. Another function of the Working Group is to adopt deliberations on issues related to the arbitrary deprivation of liberty. the United Nations Working Group on Arbitrary Detention (the Working Group). The Working Group is composed of five independent experts of balanced geographical representation. The WGAD is one of the Special Procedures offices of the UN Human Rights Council. Our Standards: The Thomson Reuters Trust Principles. Submission by Human Rights Watch on the Inquiry into the Ending The current members of the Working Group are:[5]. UN rules that Steven Donziger house arrest violates - The Hill Learn more about each topic, see who's involved, and find the latest news, reports, events and more. 'The UN Working Group on Arbitrary Detention is a groundbreaking work of legal scholarship. The opinion requests that the state takes the necessary steps to remedy the situation in order to bring it into conformity. Special procedures communications, including the Working Groups urgent appeals,are compiled in periodic reports submitted to the UN Human Rights Council at each of its sessions. Joinet proposed four different options: (1) appointment of a special rapporteur with a mandate covering administrative detention alone; (2) appointment of a special rapporteur with a mandate covering detention both by an administrative authority and by a judicial authority; (3) appointment of a special rapporteur with a specific mandate for situ. Report of the Special Procedure of the Human Rights Council. This mobilization must continue to denounce arbitrariness and treaty violations. These can include meeting with representatives of the executive, legislators, and other state officials. But much more than a jurisprudential review, these cases are presented in the book in the style of a treatise, where the widest array of issues on arbitrary detention are placed in the context of the requirements of multilateral treaties and other relevant international standards. Amnesty International petitioned the independent U.N. experts earlier this year to seek Thursday's opinion, which the judge hearing Donziger's criminal case is not bound to consider. Secretary General, Organization of American States. Individuals anywhere in the world are therefore able to petition the Working Group for consideration. #mc-embedded-subscribe-form .mc_fieldset{border:none;min-height: 0px;padding-bottom:0px;}. Communications concerning individual complaints should be accompanied by the Working Groups model questionnaire, or include the information requested on that form. Urgent Action: ENVIRONMENTAL LAWYER ARBITRARILY DETAINED (USA: UA 105.21) @washingtonpost editorial: @zouxingtong "is wrongly imprisoned & should be freed." We couldn't agree more. The United Nations Working Group on Arbitrary Detention has found the Government of Cameroon violated international human rights law by imprisoning journalist Thomas Awah. Law Center) has broad legal experience, and he presents this important book as a 'practitioner's manual' of the UN Working Group on Arbitrary Detention. The Working Group reports to the Human Rights Council on the results of its country visits. In September 2021, the UN Working Group on Arbitrary Detention found that Steven Donziger's deprivation of liberty is arbitrary because it lacks any legal basis and is in violation of several norms relating to the right to a fair trial, including the apparent lack of impartiality of the courts. info@perseus-strategies.com. [20] UK and Swedish prosecutors called the group's claims irrelevant. The Working Group might, for example, decide that the case is not one of arbitrary detention and issue a decision to that effect. On a country visit, members of the Working Group engage in a variety of tasks. MORNING - Working Group on Arbitrary Detention: Thousands of Persons Are Subjected to Arbitrary Detention Each Year in All Countries and the Global Pandemic Should Never Be Used to Curtail the Right to Freedom from Arbitrary Detention | UN GENEVA 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. All quotes delayed a minimum of 15 minutes. Thats the finding of the UN Working Group on Arbitrary Detention which on Friday released its opinion on the case of Julian Assange. This rare combination of serious scholarship with real world application is as powerful as it is inspiring, making this book a must read for anyone wanting to secure the release of political prisoners today. This website allows the advanced search of opinions adopted by the Working Group on Arbitrary Detention as a result of the investigation of individual cases, as well as its annual reports to the Human Rights Council, including reports on country visits. [7] It could also aid non-governmental organisations in petitioning governments with unresolved cases. ', Prince Zeid Raad Al Hussein - UN High Commissioner for Human Rights (20142018), 'Jared Genser is the leading attorney in the world on arbitrary detention in international law and established this reputation during the years I was a Member and Chair-Rapporteur of the UN Working Group on Arbitrary Detention. [21][22] The UK said it would arrest Assange should he leave the Ecuadorian embassy. The Working Group has identified detention or imprisonment as arbitrary if it falls into one of the following categories; Examples of this can include continued detention after the completion of a sentence, denial of the exercise of fundamental rights such as freedom of expression, violations of the right to a fair trial, asylum and immigration claims, or detention based on ethnicity; religion; sexual orientation, etc. The legal deliberations and decisions of this group of independent experts from the five regions of the world focus on ending arbitrary detention the illegal and unjust imprisonment or custody of an individual by a state. But that was not the end of the story. The Working Group on Arbitrary Detention is one of the thematic special procedures overseen by the United Nations Human Rights Council. These were to provide guidelines on remedies and procedures for 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. Disbarred lawyer Steven Donziger to be sentenced Friday, Donziger, whose multi-billion-dollar lawsuit against Chevron was found tainted by fraud, has been under house arrest in related contempt case. 11 on prevention of arbitrary deprivation of liberty in the context of public health emergencies, Deliberation No. is added to your Approved Personal Document E-mail List under your Personal Document Settings distribution which apply in the United Nations ( see annex III) . We recommend moving this block and the preceding CSS link to the HEAD of your HTML file. 15 July 2022, Working Group on Arbitrary Detention held its 93rd session with the adoption of 38 opinions, and celebrated its 30th anniversary /* Add your own Mailchimp form style overrides in your site stylesheet or in this style block. In April 2019, I was elected to our Parliament, the Peoples Majlis, and in May 2019, I was elected and sworn in to be its new Speaker. Establishing a systematic follow up procedure could ensure an even greater accountability on governments, acting as a name and shame process to pressure them into action. This procedure involves the Working Group sending an urgent appeal to the government through diplomatic means, asking the government to take appropriate measures to ensure that the detained persons rights are respected. Please visit the Working Groups webpage to access its entire list of deliberations. GENEVA (23 June 2023) - The international community must replace punishment with support and promote policies that respect, protect and fulfil the rights of all, UN experts* said today. Language links are at the top of the page across from the title. 30 Jun 2023 07:09:05 Please note, if you download the book, you are accepting the terms of the license, which is a Creative Commons Attribution NonCommercial NoDerivatives (CC-BY-NC-ND) 4.0 license. International human rights group sanctioned by the United Nations, Toggle Mandate and composition subsection, Toggle Individual complaints and urgent appeals subsection, Office of High Commissioner for Human Rights, Fact Sheet No. The greatest fear of any political prisoner is that they will be forgotten. [4] The Group formulates deliberations on general issues to assist States in safeguarding against the practice of arbitrary deprivation of liberty. The Working Group conducts country visits, for several purposes. 22/2015. Working Group on Arbitrary Detention calling for the immediate . This Fact Sheet explores the origins and mandate of the group of experts appointed to investigate cases of arbitrary detention. Donziger's lawyers include Martin Garbus of Offit Kurman. It also clarifies how it works with other human rights mechanisms. The Working Group is composed of five independent experts and holds three sessions per year, with each session lasting between five and eight working days. Having spent over a decade in solitary confinement as a political prisoner, I have come to appreciate with great intensity the subtle aspects of freedom to read, to walk about and sleep are actions that can easily be taken for granted. The United Nations Creates a Working Group on Arbitrary Detention Nobel Peace Prize Laureate (1997). m. J. i. nt ' l. l. 709 (1991). To request the Working Groups consideration of an individual case or to request that the Working Group launch an urgent appeal, send a communication by: Working Group on Arbitrary Detention In response to information about alleged cases of arbitrary detention, the Working Group may take one of two actions. Once Julian Assange publically stated that he would surrender to the UK authorities if the United Nations Working Group on Arbitrary Detention found against him, it was obvious that the Working Group had done no such thing. The UN Commission on Human Rights established the Working Group on Arbitrary Detention in 1991 with Resolution 1991/42. The report that we are releasing today focuses on arbitrary detention of civilians in the context of the Russian Federation's large-scale attack on Ukraine. Since its establishment by the former UN Commission on Human Rights in March 1991, the UN Working Group on Arbitrary Detention (Working Group) has consistently considered the situation of women deprived of their liberty. Professor, University of Oslo and Institute of Advanced Legal Studies, School of Advanced Study, University of London President of the Peoples Justice Party and Member of Parliament (2018-Present) Hong Kong Centre for Human Rights on Twitter: "1/4: #UN Working Group More on the members of the Working Group. Methods of work of the Working Group on Arbitrary Detention. The Honorable Franois Zimeray 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. The Working Group's mandate is extended by the Commission on Human Rights every three years. Learn about how you can report a human rights violation. The report stated that his sentencing was done in retaliation for Donzigers work as a legal representative of indigenous communities in Ecuador. The book is the first to describe and analyze the activities of this little-known but very important tribunal at the United Nations, which has the power to issue legal decisions that a person or group is being held in violation of international law.

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