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Change of venue from Room XX to Room XIX (just in front) NEW!!

Stakeholders consultation on remedies and procedures on the right to challenge the lawfulness of detention before court

Date: 1 - 2 September 2014
Location: Geneva, Palais des Nations, Room XIX
Organizer: United Nations Working Group on Arbitrary Detention in cooperation with the Office of the United Nations High Commissioner for Human Rights
Registration: Register

The Human Rights Council, in Resolution 20/16, requested the Working Group on Arbitrary Detention to hold a consultation with stakeholders in relation to the preparation of the first draft 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 in order to challenge the lawfulness of his or her detention.

All relevant stakeholders are welcome to participate

The consultation is open to all relevant stakeholder groups, including States, United Nations agencies and mechanisms, intergovernmental and regional organizations, UN treaty bodies and special procedures, national human rights institutions, non-governmental organizations, academics and other relevant stakeholders

Main objectives of the meeting

  • Exchange views on the scope and application of the standards set by the international and regional human rights systems that are relevant to the right to challenge the lawfulness of detention before court;
  • Address the framework of any possible derogation from the obligation to guarantee the exercise of the right to court review of detention, specifically in contexts of armed conflicts, states of emergency and in the application of counterterrorism measures;
  • Highlight the additional safeguards necessary for the exercise of the right to challenge the lawfulness of detention by particular vulnerable groups of detainees, including: child detainees, detained migrants and asylum-seekers, and persons detained involuntarily on health grounds.
  • Allow an opportunity for stakeholders to give input on the first draft of the principles and guidelines on remedies and procedures on the right to challenge the lawfulness of detention before court;

Expected outcomes

  • Increased awareness among all stakeholders, including State representatives, regional mechanisms, national human rights institutions and non-governmental organizations, concerning the content and scope of the right to challenge the lawfulness of detention;
  • Greater understanding of the procedural guarantee as an essential component in protecting the right to liberty and security of the person in all situations of deprivation of liberty and to prevent arbitrary arrest, detention or exile, enforced disappearance or risk of torture and other cruel, inhuman or degrading treatment or punishment;
  • A robust and comprehensive protection scheme for persons deprived of their liberty to challenge the lawfulness of their detention before court through the formalization of draft principles and guidelines on the remedies and procedures of exercising the right. The Working Group will present these draft principles and guidelines to the Human Rights Council in September 2015, with a view to assisting States in the formulation, adoption and implementation of normative frameworks and policies that will provide all detained persons with improved access to a fair judicial process, and will provide adequate and appropriate remedies;
  • A stronger global collaboration among the various actors working to protect the rights of persons deprived of liberty.

How to be involved

  • Register to attend the consultation
  • Please do not forget to print your registration form (via the online registration) and to present it at the Pregny entrance only along with your ID in order to get your ground pass to access the Palais Des Nations
  • Kindly note that for Government representatives the registration is not mandatory - but is welcome - in which case no appointment letter is required. The same applies to individuals who are in possession of a ground pass (badge) as long as this is specified in the registration system
  • For your information, kindly note that we are unfortunately not in a position to finance any travel expenses, nor to provide you with letter for visa facilitation. We hope this will not be a barrier to your participation.
  • For the Programme of Work, Content of Panels and Rules of Procedure, kindly see "Programme Information below"