WG ON ARBITRARY DETENTION OPINION #6 ON 2005 LOG

UNCLAS GENEVA 002113

SIPDIS

STATE FOR IO/SHA, DRL/MLA, L/HRR

REFERENCE: (A) GENEVA 1919 (B) GENEVA 721

E.O. 12958: N/A
TAGS: PHUM UNHRC
SUBJECT: WG ON ARBITRARY DETENTION OPINION #6 ON 2005 LOG



1. Mission received the following communication from Leila
Zerrougui, Chairperson-Rapporteur of the Working Group on
Arbitrary Detention, regarding the opinion on the case of
Mr. Abdullah William Webster. This communication has been
forwarded to IO/SHA via e-mail and is included in number 6
on the Geneva 2005 Communications Log.


2. Begin text of letter:

REFERENCE: G/SO 218/2

1 September 2005

Dear Mr. Ambassador,

The Commission on Human Rights, by its resolution 2003/31
entitled "Question of arbitrary detention", decided to
renew, for a three-year period, the mandate of the Working
Group on Arbitrary Detention and invited the Working Group
in discharging its mandate, to continue to seek and gather
information from Governments and intergovernmental and
nongovernmental organizations, as well as from the
individuals concerned, their families or their legal
representatives.

I wish to refer to the letter dated 10 March 2005 addressed
to you concerning a case of arbitrary detention which was
reported to have occurred in your country.

In light of the above, and in keeping with the mandate
entrusted to it by the Commission on Human Rights, and with
its methods of work, the Working Group has examined the
above-mentioned case, taking into consideration all the
pertinent information at its disposal and has adopted, on 30
August 2005, Opinion No. 26/2005 (copy attached). This
Opinion will be reproduced in the report which the Working
Group will present to the Commission on Human Rights at its
sixty-second session.

Accept, Mr. Ambassador, the assurances of my highest
consideration.

Leila Zerrougui
Chairperson-Rapporteur Working Group on Arbitrary Detention

End text of letter.


3. Begin text of opinion:

OPINION No. 26/2005 (UNITED STATES OF AMERICA)

Communication addressed to the Government on 10 March 2005
Concerning: Mr. Abdullah William Webster

The State is a Party to the International Covenant on Civil
and Political Rights


1. The Working Group on Arbitrary Detention was established
by resolution 1991/42 of the Commission on Human Rights,
which has renewed the mandate by resolution 2003/31. In
accordance with its methods of work, the Working Group has
forwarded to the Government the above-mentioned
communication.


2. The Working Group notes with appreciation the
information forwarded by the Government concerned in respect
of the case in question.


3. The Working Group further notes that the Government has
informed that the above-named person is not longer in
detention, having been released on 30 April 2005, which was
confirmed by the source.


4. Having examined the available information, and without
concluding on the arbitrary or not character of the
detention, the Working Group decides, in conformity with
paragraph 17 (a) of its methods of work, to file the case of
Mr. Abdullah William Webster.

Adopted on 30 August 2005.

BIGELOW