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Get the free Fact Sheet No. 26, The Working Group on Arbitrary Detention - ohchr

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This document outlines the mandate, procedures, and criteria established by the Working Group on Arbitrary Detention since its inception, highlighting the importance of protecting individuals from
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How to fill out Fact Sheet No. 26, The Working Group on Arbitrary Detention

01
Obtain a copy of Fact Sheet No. 26 from The Working Group on Arbitrary Detention's official website.
02
Read the introduction to understand the purpose of the fact sheet.
03
Locate the section detailing the criteria for arbitrary detention.
04
Gather relevant information and documentation regarding the case you are addressing.
05
Begin filling out the factual details, including the individual's name, nationality, and date of detention.
06
Provide a summary of the circumstances leading to the detention.
07
Include any legal or procedural details regarding the arrest, detention conditions, and duration.
08
Attach any supporting documents that can substantiate claims of arbitrary detention.
09
Review and ensure all sections are completed accurately as per the guidelines provided.
10
Submit the filled Fact Sheet No. 26 to the appropriate authority or The Working Group on Arbitrary Detention.

Who needs Fact Sheet No. 26, The Working Group on Arbitrary Detention?

01
Individuals who have been detained and believe their detention is arbitrary.
02
Lawyers and legal advocates representing detainees.
03
Human rights organizations and NGOs focusing on imprisonment issues.
04
Government officials involved in human rights compliance.
05
Researchers and academics studying arbitrary detention and human rights.
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Arbitrary or unlawful detention occurs when an individual is arrested and detained by a government without due process and without the legal protections of a fair trial, or when an individual is detained without any legal basis for the deprivation of liberty.
The current members of the Working Group are: Matthew Gillett (Chair-Rapporteur) New Zealand 2022–2028. Priya Gopalan (Vice-Chair on Follow-Up) Malaysia 2021–2027. Ganna Yudkivska (Vice-Chair on Communications) Ukraine 2022–2028.
The Declaration reaffirms established principles of human rights, the independence of the judiciary and the rule of law, as outlined in the following international instruments: Universal Declaration of Human Rights, Article 9: “No one shall be subjected to arbitrary arrest, detention or exile.”
The right to security of the person and freedom from arbitrary detention is contained in article 9 of the International Covenant on Civil and Political Rights (ICCPR). Article 9 also provides a number of other rights for persons who are arrested or detained.
The Working Group on Arbitrary Detention, comprising five experts, has the thematic mandate to investigate cases of detention alleged to be imposed arbitrarily or otherwise inconsistently with international human rights standards. The Working Group was created in 1991 by the Commission on Human Rights.
Definition of arbitrary detention 'Arbitrariness' is not to be equated with 'against the law', but must be interpreted more broadly to include elements of inappropriateness, injustice, lack of predictability and due process of law.
The Declaration opposes the use of arbitrary arrest and detention of foreign nationals and dual citizens by states as a means to exert leverage over other states, which is contrary to international law.
Arbitrary or unlawful detention occurs when an individual is arrested and detained by a government without due process and without the legal protections of a fair trial, or when an individual is detained without any legal basis for the deprivation of liberty.

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Fact Sheet No. 26 is a document published by The Working Group on Arbitrary Detention, which provides information and guidance regarding issues related to arbitrary detention, including definitions, causes, and framework for assessments.
Individuals or organizations that have experienced or are concerned about cases of arbitrary detention may file information in relation to Fact Sheet No. 26 with The Working Group on Arbitrary Detention.
To fill out Fact Sheet No. 26, individuals should provide detailed information about the circumstances of the detention, including the identity of the detained person, reasons for detention, duration, legal basis, and relevant local and international laws.
The purpose of Fact Sheet No. 26 is to raise awareness about arbitrary detention, provide a framework for addressing such cases, and facilitate communication and reporting to relevant authorities and organizations.
The information that must be reported includes details of the individual in detention, the reasons for detention, the legal procedures followed, any instances of mistreatment, and the impact on the detained person's rights and well-being.
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