Working Group on Arbitrary Detention
The United Nations Commission on Human Rights has addressed the
disturbing expansion of arbitrary detention since 1985. It requested the
Sub-Commission on Prevention of Discrimination and Protection of
Minorities to undertake a thorough study of the matter and to submit
recommendations to it for the reduction of such practices. At the same time,
concern about the guarantees which should be enjoyed by all persons
deprived their liberty was manifested in the adoption by the United Nations
General Assembly in December 1988 of the Body of Principles for the
Protection of All Persons under Any Form of Detention or Imprisonment.
In 1990, in pursuance of the recommendations made in the abovementioned
report of the Sub-Commission, the Commission on Human Rights set
up the Working Group on Arbitrary Detention. The Working Group later
adopted the following principles governing custody and detention:
Principle 1
An asylum-seeker or immigrant, when held for questioning at the border,
or inside national territory in the case of illegal entry, must be informed
at least orally, and in a language which he or she understands, of the
nature of and grounds for the decision refusing entry at the border, or
permission for temporary residence in the territory, that is being
contemplated with respect to the person concerned.
Principle 2
Any asylum-seeker or immigrant must have the possibility, while in custody,
of communicating with the outside world, including by telephone, fax
or electronic mail, and of contacting a lawyer, a consular representative
and relatives.
Principle 3
Any asylum-seeker or immigrant placed in custody must be brought
promptly before a judicial or other authority.
Principle 4
Any asylum-seeker or immigrant, when placed in custody, must enter
his or her signature in a register which is numbered and bound, or affords
equivalent guarantees, indicating the person’s identity, the grounds for
the custody and the competent authority which decided on the measure,
as well as the time and date of admission into and release from custody.
Principle 5
Any asylum-seeker or immigrant, upon admission to a centre for custody,
must be informed of the internal regulations and, where appropriate, of
the applicable disciplinary rules and any possibility of his or her being
held incommunicado, as well as of the guarantees accompanying such
a measure.
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