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

On 1 and 2 September 2014, the Working Group on Arbitrary Detention convened a global stakeholders consultation in relation to the preparation of the first draft 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, pursuant to Human Rights Council Resolution 20/16 of 6 July 2012.

This global consultation, which took place in Geneva, brought together representatives of over 25 States from around the world as well as experts from international and regional governmental and non-governmental organizations and national human rights institutions. It provided a forum to exchange experiences, practices and lessons learnt on the gaps and best practices on guaranteeing the right to challenge the lawfulness of detention before court. It also provided an opportunity to engage in deeper discussions on the content of the preliminary draft principles and provide suggestions and recommendations.

The draft Principles and Guidelines are intended to provide States with a useful tool to implement their substantive and procedural obligations, as based on existing international human rights law and standards, to ensure the right to court review may be availed of in practice and to elaborate specific factors to be taken into account when this right is applied to all persons in all situations of deprivation of liberty. In this way, the Principles and Guidelines will assist 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. The Working Group will present its draft Principles and Guidelines to the Human Rights Council in September 2015.



Opening Ceremony

Panel 1: Framework, Scope and Content of the right to court review of detention

Panel 2: Procedural Guarantees necessary to exercise the right to court review of detention

  • Mr. Malcolm Evans, Chairperson of the United Nations Subcommittee on Prevention of Torture and Professor of Public International Law and Deputy Director of the Human Rights Implementation Centre at the University of Bristol.
  • Mr. Gerald L. Neuman, Member of the United Nations Human Rights Committee and Rapporteur for draft general comment on Article 9 of the International Covenant on Civil and Political Rights; J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law at Harvard Law School

Panel 3: Criminal Detention

Panel 4: Migration-related Detention

Panel 5: Preventive and Protective Detention

Panel 6: Detention in Armed Conflict, States of emergency or for Counterterrorism purposes

Stakeholder Statements and Submissions

*All responses to the Working Group’s questionnaire on the right to court review may be found here