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 of 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 above-mentioned 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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