INSTRUCTION TO CO-SPONSOR RESOLUTION ON ARBITRARY

UNCLAS STATE 026744

SIPDIS

E.O. 12958: N/A
TAGS: PREL PHUM UN
SUBJECT: INSTRUCTION TO CO-SPONSOR RESOLUTION ON ARBITRARY
DETENTION IN THE UNITED NATIONS HUMAN RIGHTS COUNCIL 10TH
REGULAR SESSION


1. (U) Action Request: Mission Geneva is authorized to
co-sponsor the resolution on Arbitrary
Detention in the United Nations Human Rights Council,s 10th
Regular Session. Mission should seek guidance from the
Department if the substance of the resolution changes.


2. (U) Begin Text:

The Human Rights Council,

Reaffirming articles 3, 9, 10 and 29, as well as other
relevant provisions, of the Universal Declaration of Human
Rights,

Recalling articles 9, 10, 11, and 14 to 22 of the
International Covenant on Civil and Political Rights,

Recalling resolutions 1991/42 and 1997/50 of the Commission
on Human Rights, and its resolution 6/4 of 28 September 2007
extending the mandate of the Working Group on Arbitrary
Detention for a further period of three years,


1. Stresses the importance of the work of the Working Group
on Arbitrary Detention and encourages it to pursue the
fulfilment of its mandate, as set out in resolution 6/4;


2. Takes note of the report of the Working Group
(A/HRC/10/21),including the recommendations contained
therein;


3. 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;


4. Encourages all States:

(a) To give due consideration of the recommendations of the
Working Group;

(b) 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;

(c) 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;

(d) 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;

(e) 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;

(f) To ensure that the conditions of pre-trial detention do
not undermine the fairness of the trial;


5. 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;


6. Encourages also all States to ensure that immigrants in an
irregular situation and asylum seekers are protected from
arbitrary arrest and detention and to take action to prevent
any form of arbitrary deprivation of liberty of immigrants
and asylum-seekers, and notes with appreciation that some
States have successfully implemented alternative measures to
detention for undocumented migrants;


7. Notes with concern the comments made by the Working Group
in its report A/HRC/10/21 on the effects caused by corruption
on the effective protection of human rights, including the
right not to be subject to arbitrary detention;


8. 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;


9. 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;


10. 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;


11. 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;


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


13. Decides to continue consideration of the matter in
conformity with its programme of work.
CLINTON