The United Nations Working Group on Arbitrary Detention (WGAD) recently released 21 opinions adopted during its August 2016 session, relating to 58 individuals in detention in 17 countries. [OHCHR Press Release] The opinions covered several topics within the WGAD’s mandate, including the treatment of minors in detention, the right to a fair trial, the rights to freedom of expression and
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During its 72nd regular session in Geneva, which was held from April 20th through 29th, the United Nations Working Group on Arbitrary Detention [hereinafter Working Group] adopted the final text of its draft “Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone Deprived of Their Liberty to Bring Proceedings Before a Court.” [OHCHR: Working Group] See
Read moreMANDATE OF THE WORKING GROUP ON ARBITRARY DETENTION The Working Group on Arbitrary Detention is one of the thematic special procedures overseen by the United Nations Human Rights Council. 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. Its work involves investigating individual cases of
Read moreRanjana Natarajan contributes this guest post on a recent notable decision by the United Nations Working Group on Arbitrary Detention regarding a complaint presented by Guantanamo Bay detainee Obaidullah, who was represented before the Working Group by the University of Texas School of Law‘s National Security Clinic and Human Rights Clinic.
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The African Court on Human and Peoples’ Rights (AfCHPR) has held that Libya violated the rights to liberty and fair trial by holding Saif al-Islam Gaddafi, son of former leader Muammar Gaddafi, in secret detention since 2011. See AfCHPR, African Commission on Human and Peoples’ Rights v. Libya, App. No. 002/2013, Judgment of 3 June 2016. These breaches, the Court
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Human rights monitors have criticized Gambian authorities’ detention and alleged torture of political protesters, including the reported death in custody of a political opposition leader, as the international community pays closer attention to a government known to carry out extrajudicial killings, enforced disappearances, and arbitrary arrests. [okayafrica; HRW] The Gambian government has charged protestors associated with the opposition party with
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On November 5, 2015, the European Court of Human Rights (ECtHR) released its judgment in Yagublu v. Azerbaijan, a case that has drawn international attention as representative of Azerbaijan’s crackdown on political dissent and freedom of expression. See ECtHR, Yagublu v. Azerbaijan, no. 31709/13, Judgment of 5 November 2015. The application concerned Tofig Yagublu, an independent Azerbaijani journalist and the deputy
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Three United Nations (UN) human rights treaty bodies have released new interpretations concerning the rights to liberty and security of the person; harmful practices impacting women and girls; and the effect of gender on the refugee status, asylum, nationality, and statelessness of women. These general comments and general recommendation flesh out States parties’ obligations under three UN human rights treaties. The
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In a judgment released last week, the European Court of Human Rights unanimously held that Ukraine violated the rights to freedom of expression and an appeal in criminal matters when, in 2011, it detained Ms. Galyna Shvydka for ten days under the charge of petty hooliganism due to her act of political protest in support of the opposition party. See
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From October 8 to 17, the Inter-American Court of Human Rights held its 105th Regular Session at its headquarters in San José, Costa Rica. [IACtHR] During this session, the Court handed down three judgments, which will be publicized soon, concerning forced disappearance, indigenous land rights, and arbitrary killings. The Court also issued orders regarding provisional measures in three cases. On
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