Friday, 8 May 2015

New guidelines on the right to review lawfulness of detention

The UN Working Group on Arbitrary Detention has adopted a new "Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone Deprived of His or Her Liberty by Arrest or Detention to Bring Proceedings Before Court". The document provides a comprehensive review of the principles on the judicial review of the lawfulness of detention and includes recommendations and guidance for detention during armed conflict. The text has now been submitted to the Human Rights Council. Among other things, the principles set out that in non-international armed conflicts administrative detention or internment may only be permitted in the exceptional circumstance where public emergency is invoked to justify such detention and in accordance with the requirement for derogation from human rights obligations.

The full text of the principles was included in a press release available here.

/ Sally